H1 transfer pending, New H1 approved - Help Needed

[h1_h1newvisa]

Hi All,

A h1 transfer was applied through my new company while this was in
process my old company canceled my h1. I have a h1 stamped with my old
company in india. In january 2010 the uscis declined the h1 transfer. My new
company's attorney filed an appeal against the decline decision and
that case is pending. Parallely a new h1 was applied through consular
processing and it got approved(no I94) effective June 1st.
So my question is do i have to go for stamping. If so can i go to a third country. If not can i just go out of the country and come back with new I94.

Thanks

[shervin143]

Consular process means you need to get that H1B stamped. You can get the H1B stamped in a third country U.S consulate provided you are current in valid status. If you are out of status or if your stay is currently illegal, then it is advisable to go for stamping in your home country.

[h1_h1newvisa]

Thanks for replying

In case of my new visa being rejected/pending for longtime in administrative processing, Can I come back to US with old H1 visa stamp(valid till sep 2011) and new I797?