H1B visa new stamping but not extension

USA H1B Visa
1

Hello,

I have a question regarding visa stamping and hope someone can help to clarify this for me.

I was put in furlough back in 2020 right after my H1 was approved and later layoff, so I returned home at Jan 2021.
I was asked to rejoin the company at July 2021 but to join the subsidiary, so they filed a new H1 for me, which it recapture a missing 9 months till June 2024.

However, the consular appointment was made and reschedule earlier than the actual I-797 arrived, I only had e-notice back then, so the attorney suggest that I use the previous I-797 which it ends at September this year, so the total time I have from this visa is 2 year and 2 month.

I plan to go back to visit my family this December and my attorney suggest to use the new petition for new vis stamping which it ends in 6/14/2024, that would make this visa only valid for 6 months only.

my question is, will there be any issues if I apply for visa stamping? or I might as well apply for extension instead to be safe.

my wife has already use the new petition to apply for H4 and we enter US back in Jan.

Thanks

2

Just follow your attorneys advice. Using your new I-797, consulate may still issue 3 year H1B visa but when you come back, the CBP will issue I-94 till the expiry of your new I-797 which is fine as your employer will apply for extension of status before the current I-797 expiry.
You may even choose to do extension first and once approved travel and go for stamping.