H1B Visa re-stamping after falling of out of status


My H1B petition was approved by USCIS on September 1, 2022, with consular processing.

I am currently living in India (since 2018), but have worked on H1B in the past. Before returning to India, I was Out of Status for around 8 months. I had an H1B petition filed on my behalf by a consultant, but he withdrew it before it was processed, which left me in out of Status from the time it was submitted.

Now I am in the process of scheduling my visa interview. I understand it will be an uphill task to get my visa stamped at the US consulate. I have not come across any case where someone got H1B re-stamped after falling out of status. Do you have any statistics on that?


So did you work after the H1B was withdrawn? Generally speaking if you joined the employer on receipt and worked while the H1B was pending, then you are fine.

Thanks for your response.

No I did not work after the H1B petition was withdrawn.

Actually, I wasn’t working while the petition was with USCIS, but I was attending college. I had graduated by the time the petition was withdrawn. I know I was out-of-status, but I am not sure how severe the consequences would be of attending college.