H1B Transfer - Laid off - Need help Please!

[pramac1]

Hi,

I was laid off on November 30th, 2011 from Company A. I was also enrolled part time in school all the while when I was working, finishing my PhD. Hence I had petitioned for a Change of Status and applied for an I-539 on December 22nd, 2011 to change from an H1 to an F1 status.

I defended my PhD on January 25, 2012 and Company B gave me an offer on Jan 10, 2012. Hence I withdrew my I-539 petition on Jan 26, 2012 the next day after my defense to facilitate the H1B petition with Company B.

I am waiting on a decision from USCIS but my attorney says that I might require consular notification i.e., I have to go back to the home consulate to get my Visa stamped because my pay-stubs are only as recent as November.

Question 1: Is there a chance that my Visa will be approved without the consular notification?

Question 2: In case I require a consular notification, will my Visa be rejected back home?

I would greatly appreciate if somebody can help me with their valuable suggestion/advise.