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.

[Attorney_10]

Generally, a change of status application or a request for an extension of stay may only be approved if the Beneficiary was maintaining valid nonimmigrant status at the time of filing. It appears your H1B status ended on November 30, thus your change of status application may not have been filed timely. It is highly likely your petition will be approved for consular notification only. All status violations must be disclosed to the consular officer during the nonimmigrant visa interview. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case, the chances of the petition being approved with a change of status, and the best strategy to prepare for the visa interview, if required.