Question about H-1b

[rsemwal]

I am scheduled to goto Mexico for H-1b stamping.

I was wondering if for some reason the consul refuses to process my application, can I re-entre US. In other words, is there a difference between visa denial and refusal to process.

I heard that one can re-entre US from Mexico and Canada within 30 days if they do not apply for visa 'and' get rejected.

If the consul refuses to process the case, would the above guideline let the person to re-enter US.

Thanks

 

[jaxen]

If visa is denied /refused (it is the same) you cannot enter US. 30 day contingent area is voided if your visa is refused/denied. You have to go to your home country to get the visa stamp, before getting into USA.
If you are going for H4 to H1 then risk of rejection is present, F1 to H1 will not be a problem. April 2002 Memo which talked about denial of entry to those Visa were refused, specifically mentioned that the contingent area rule will not be applicable to such cases.