H1 was issued on Dec. 20, 2002.
Came back to US from India on Feb 2003 with H4 stamped.
Now I94 in H4 is expired.
----- You are out of status if I-94 expired and have NOT filed H4 extension before I-94 expiry date. Go out of US ASAP if you hit 180 days 3-year bar will start
Can I go back to India, get my H1 stamped?
------- You have not worked on H1 and you had H1 approved 2002 about 1 year back. I expect lot of questions from consulate in this situation. You did not work after H1b approval they will see it as SHOP of employer and no job they may also investigate employer who filed H1 but had no job. Be ready to convince the consulate officer. Please remember I am not scaring you I post what I read.
Will there be any problems in getting H1 stamped.
----------- You may face the problems for H1b stamp after Chennai now Mumbai has started the same they also ask lot of questions and truckload of documents
Read the recent post:
http://www.immigrationportal.com/showthread.php?s=&threadid=107310
----------Discuss your options with good knowledgeable lawyer.
Why you did not file H4 extension before your I-94 expiry date? That way you could have stayed with your spouse in US and you could have also sent your passport to DOS in US with H4 extension and you could have got the H4 visa stamp.
it is your mistake not file H4 extension before I-94 expiry date
