H1B visa new stamping but not extension


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.


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.