In the USA with H1b petition approved but asked to go for consular processing

[hardworkingman]

When I lost my job from company A, it took me 2 months to find a job with company B which resulted with 2 months of absent pay stubs. When H1b transfer petition was filed from company B, Petition was approved but I was asked to leave the country and go for consular processing in my home country of Kenya. Due to personal reasons, I haven't left immediately for consular processing to my home country, and have stayed in the USA passing 6 months since my petition was approved and I was given notice to leave for consular processing.

My simple 2 questions:

1) If I go back to my home country now and apply for a visa stamp at the embassy, would they question why I did not come back immediately for consular stamping?

2) Is there really a difference between consular processing paperwork and someone who has an approved H1b petition that does not require consular processing, but decides to leave the USA and does need a visa to get back in which would require him to use the approved petition to apply for one?

Thank you for your time and help!

[shervin143]

1) If I go back to my home country now and apply for a visa stamp at the embassy, would they question why I did not come back immediately for consular stamping?
>>> Yes, they can questions since they have access to that information.

2) Is there really a difference between consular processing paperwork and someone who has an approved H1b petition that does not require consular processing, but decides to leave the USA and does need a visa to get back in which would require him to use the approved petition to apply for one?
>>> Yes, when you in H1B, you should be maintaining your H1B status by working and getting paid. If a petition is approved for consular process (with a new I-94 attached), you are not supposed to work for that employer until you leave the country and return back to get an I-94 at the POE. Any such employment without a valid I-94 is illegal.