Need suggestion on H1-H4

[aarpib]

Hi,
I have my H1 stamp from my previous employer and it is valid until Oct,09.
I changed my employer 6 months back but do not have the visa for the new employer.
I am getting married in March and planning to travel back along with my spouse. I have these two options, could someone please suggest which one to choose.

1) Apply for H4 only for my spouse.
Will there be any problem at immigration as I am still on my old visa and my spouse's visa will have new employer information.

2) Apply for new H1 visa and my spouse's H4 visa together.
Just worried if there could be delays in getting the new H1 stamp.

Thanks,
Arpith.

[txh1b]

You do not need a visa if you already have a valid visa from the ex-employer. Go with #1. No issues with it. You just have to carry latest I797 approval and employment letter along with few paystubs.

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a
Change of Employer
(CT:VISA-1041; 09-26-2008)
a. After changing H-1B employers in accordance with DHS procedures for
making such a change, an H-1B visa holder may continue to use his or
her original H-1B visa for entry into the United States. Upon applying for
entry, the visa holder must present the new Form I-797, Notice of Action,
evidencing the approval of the change of employer in addition to the visa.