GC and then H1B visa

[Questioning]

I came to US on H1B. Filed for GC under EB1 category. Got EAD. Changed employers and started work on EAD. Then, I140 was rejected. For about wto months, I was out of status. I filed for GC again under NIW category.

I now have a new EAD and am presently in US. I have a travel parole, so I can enter back. Since new I-140 is not approved, H1B seemed more stable solution to me.

My employer applied and recently got an H1B approval for me.

Now, I have following choices:

1. Go to India for stamping.
2. Go to Canada for stamping.

Questions:
1. What is the probability of getting rejected at Mumbai consulate, because I have shown immigration intention AND was out of status in US for two months?

2. Is this probability higher or lower in Canada?

Regards

 

[leroythelion]

Questions:
1. What is the probability of getting rejected at Mumbai consulate, because I have shown immigration intention AND was out of status in US for two months?

2. Is this probability higher or lower in Canada?

Regards

1. Don't know the answer to this one. Since you were out of status for less then six months, you should be OK. I would double check on the H1B board.
Also, dual intent is allowed on H1B.

2. Much higher if you are not a Canadian citizen or LI. They won't reject your H1B, they will tell you to go to Mumbai.

Brian