Can H4 visa be renewed based on the extended I94 / I797

[nikhilhunk]

I am currently in the US on H1B visa and my Visa is expiring on Jan 31st 2013. However I have got a extended I94 / 797 for next three years but did not get a corresponding stamping done yet.

Since my wife never traveled to the US before, I am getting a H4 visa done for her before she travels to US. Can she get her H4 visa for 3 years based on my extended I94 & I797 or is it necessary for me to get my H1 Visa stamping done before she can get a renewed extended Visa?

[kabkaba]

In principle she can get the Visa based on the approved petition and many people do get it. In very rare case, it is possible that the consular officer will ask the principal to also apply. It is more likely in case your employment is for a consulting company with shady practices.