I lost my job in 02/2018 so I filed I-539 to transfer to H4 on 03/30/2018 before my 60 day grace period ended and the application is still pending. Now I have found a job and my new employer wants to file my H1B. Talking to my attorney he suggests that I leave US and go for visa stamping because that will invalidate my pending H4 application and they will file my H1B as a consular notification that means that it will be a fresh H1B and not change of employer.
My question is:
1. My visa from my past employer is valid until 04/2019. Do I need to go for visa stamping or can I come back to USA with my previous stamp and new I-797?
2. Do I have to go to India or can I go to any other country?
Is there any other option available to me?
Please let me know soon as I have to make my travel arrangements.