need opinion on h4-h1-h4

[tinku1234]

hi,(came to usa on h4-june 2007, h1-oct 2008 (not stamped, no paychecks))
i believe many of us are in the same boat h4-h1-h4. after reading forums for few weeks i understood the following i can do.
i can change status by traveling to india and reenter on previous h4.(valid till 2010) correct me if i can not do this? (my spouse is on h1 actively without any issues) OR do i need to attend for h4 visa at consulate in india again?
but in order to protect myself at POE regarding out of status from oct 2008 till now (on h1), i need to file wh4 with DOL before leaving country. which i-94 we need to surrender while leaving country? are we safe if we surrender both h1 and h4 i-94s? i do have SSN, does that make any difference in finding about my status at POE?
will this whole process(h4-h1-h4) create any trouble with my spouse's GC process?
thanks in advance for any opinions.

[txh1b]

Your GC could get denied due to this.

[tinku1234]

so you are saying my gc will be in trouble. how about my spouse's gc process as i'm tagged to his gc process as h4?

[txh1b]

Each GC is evaluated on an individual basis. Just because you are a derivative doesn't mean you will get a GC if your husband gets one. You could still be denied.