Filing H4 with expired Visa but Valid I-797

[f1sayh1]

I have a valid I-797 till 2010 (new employer)
my h1 visa expires March 07 2008 (previous employer)

Planning to get married in mid Feb...would there be any problems if my wife applies for H4 visa and I am in US with an expired visa (March 07 2008).
Would they ask for re-stamping or not?

Please advice

Thanks