Can we apply H1b during PTI probation period and go to india and get it stamped after the the probation period.

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I was caught shop lifting in my F1 visa. If I get Pti probation for a year during that period can I apply for h1b and get it stamped after the probation period gets over ?

when I go to get stamped in india will it be a problem if I have a dismissed shop lifting case ? 

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