I don't think they would need a current H1 stamp to stamp H4 visa. BTW, are you within 6 years of H1?
I think the H1 stamp would apply only for first time H4 applicants. If you have an expired H4 they would just like to see H1 holder's I-797 etc.
My wife is leaving for India in about a week. I have an expired H1 stamp in my passport and she has an expired H4 stamp. Is this going to be a problem?
Here's what I found on Us Embassy site(New Dlehi)
H-4, L-2 & O-3 Visas: Spouse/Children
Together with the mandatory documents, you must bring the following supporting documents:
If you apply for your visa with your spouse
Original marriage registration certificate
Wedding ceremony photos and wedding invitation. At least five, but no more than ten, of each
Original birth certificate for each child
If you apply for your visa separately
Bring all other supporting documents required for the H-4, L-2 and O-3 visas. (See above)
A good quality photocopy of your spouse's passport -- all 36 pages -- that must include a copy of their valid U.S. visa. The copied pages must be readable and the photo must be clear enough to allow identification
Copy of the your spouse's Form I-797, Notice of Action, Form I-129 and Labor Condition Application (LCA), if applicable
A copy of each of your spouse's work experience letters
A letter from your spouse's employer that describes your relationship with your spouse and your purpose of travel
A copy of the letter from your spouse's employer that confirms their plan to employ/train your spouse and that outlines his/her proposed duties
Pay stubs from your spouse's current place of employment and a recent income tax return
raboy said:
I was in the same situation and my wife went to India so she had to get her visa stamped.she got the stamping with out any issues with my(H1) passport with out stamped.