Yes,  H4 cannot apply before the H1 becomes valid ie. Oct. 1st. The effective date was not mentioned in the original post so I thought it was already effective.

I had submitted photo copy of I797 and I was asked by consuler where about the original one. I replied that H1 needs the original one for their purpose and it is not worth risktaking by sending the original I797 by mail and they were convienced. Obviously it is not worth risk taking by sending the original I797 by courier no matter how reliable they are, when the H1 needs the same document to get his/her visa stamped.

So my suggestion is dont hurry, wait till october 1st and apply for visa. Nabil does not asks for Original I797.

cheers