H4 : apply on previous H1 or the new H1?

[Dehati]

I got a new H1 a year ago, but my previous H1's stamp on my passport expires in 2004. New visa needs to be stamped only if the previous H1 stamp is valid for less than six months. So I don't need to get the new H1 stamped yet and have been traveling on the old stamp, and have shown the new approval (I797) when asked.

My wife will aply for H4 next month the first time. Should she apply on my old visa (whose stamp is on my passport) or on the new one which has not yet been stamped?

 

[tt tt]

Ideally for the new H1 approval...

however some US consulates ( chennai ) used to demand that the VISA be updated as well only then would they grant H4 upto the new extended date. If you are going to be around at the time when she get gets the visa..get your own visa stamp done.
try to always keep your visa up to date as with your employer...it helps..

 

[jaxen]

to answer your Q

You should use the old visa stamp(copy of passport, old I797, I94) and new 797 approval to get the H4... No need to get a new H1, as long as you have a previous H1 visa stamp in passport...