Should spouse on H4 accompany H1 for stamping in Canada?

[naga12345]

Hi

I am currently working in US on H1B visa and changed to a new Company B in May 2011. The H1B/H4 visa stamps on our passports expired in June 2011(with my old employer A) but my new approval(I797A) with Company B is valid till April 2014. My first 2 stampings were done in my home country India. This time, I am planning to visit Canada to get the stamping with my new employer B. Is it necessary for my wife also to attend the visa interview along with me or can she continue staying in the US on H4?

Thank You

Naga

[livliv]

Your wife can stay in the US as long as her I-94 was also extended up to 2014 along with you.

[Attorney_10]

Generally, a visa is only required to ask for permission to be admitted to the U.S. While in the United States a nonimmigrant must possess a valid I-94 card and in some cases a valid petition approval. Most consulates prefer family members to apply for the visas at the same time. Please schedule a consultation to determine whether your spouse is in valid status in the U.S. and whether she needs to also apply for a new H-4 visa.