Hi
I' m Romanian and I came to USA with a J1. When my J1 expired I switched to a tourist visa. When my tourist visa was done I found a company to sponsor me and I applied for a H1B, which was rejected the first time. I did an appeal and I won after I was pending for 2 years. I just got the I 29 form and I need to get the stamp.
Could they deny me stamp?
Does anybody know where I could go and get the stamp?
Do I have to go back to my home country for it?
Thank you.

It is your visa and immigration status history that makes the H-1B visa application risky. You will need to apply at your home consulate, due to your history, most AMCON would not accept your case as an "out of district" or TCN case. They'd want you to apply at your home consulate, where they know you better.

You were waiting for 2 years for the H-1B approval, most conoff's would assume you worked without authorization and the ones that don't would want to see strong evidence as to how you supported yourself for that time as a B visitor pending COS. If not, the officer could say your B application was not truly a visitor, but an application to extend your stay. Conoff's are not supposed to "go behind" the approved B extension like this, but often do.

Did the USCIS approve the underlying H-1B or grant a COS? Was your J-1 subject to the 212(e) home residence requirement? Please note that your DS-2019 (or IAP-66) and your J-1 visa may be annotated incorrectly.

Consult with an experience business immigration attorney to discuss these issues. If this was helpful, rate my answer. Good luck! :)

Thank you so much.
I won the appeal which means that my H1B got approved right?
My J1 was subject to the 212(e) home residence requirement but I got the waiver.

Check the I-797 approval notice to see if the change of status was granted back to the date of initial filing or if the H-1B was approved with consular notification. If you cannot tell, you need to meet with an experienced attorney to review your status and immigration file.

My H1B was approved with consular notification.
What does it mean though?

My H1B got granted back to the initial filing so it's valid starting the date I won the appeal. Starting feb 2009 ending in August 2010.

Still don't know if you got the COS granted. If your approval says consular notification, you did not get the COS approved. Easy way to know, at the bottom of the I-797, do you have a perforated I-94? If so it will show you are in valid status.

Regardless, you need to consult with an experienced immigration attorney.

I do have a perforated receipt at the bottom of the I-797B...
At the top of the receipt it says" The alien may use this portion when applying for a visa at an American consulate abroad, or if no visa required, when applying for admission to the USA."
Thank you.

Is it marked I-94?

Nope!

Sounds like the H-1B was approved, but not the COS. Problem is that the H is approved but if the COS not approved, an officer may determine that you are out of status.

Did your attorney explain that during the appeal you are not in status? Unless they approve the COS back to date of original filing (see earlier replies). As such an officer can make a determination that you have been out of status from (1) the B COS expiration or (2) the original H-1B denial.

As above, you really need to consult with an experienced immigration attorney to determine your status and a way for you to get in valid H-1B status.

Thank you!
I'm seeing one on Monday!

Good. Be sure to get a second opinion as well. If this was helpful, rate this answer. Good luck! :)