From H1 to H4

nikhilsharma

New Member
I recently got caught in the job reductions at my company. My fiance works in the US and has an H1b. I received my last paycheck last week (arnd 15th Jan)and have to take some action to be in status.

I am going to get married to my fiance in mid feb and this is what I plan to do:
1. Leave for India in the first week of Feb. Considering I got my last paycheck arnd 15th Jan, I was wondering if being out of status for 15 days or so would cause any trouble for me in exiting US or re-entering on a different visa.
2. Post my marriage, I will apply for a H4 visa in New Delhi and upon recieveing that I would come back to the US in march.
3. Upon return if I find a job in the US, I guess my employer would have to file for an H1, now in such a case:
a) do I need to go through the h1b lottery system again ?
b) do I have to go out of the country to switch to h1b from h4 , if yes then can i go to canada or mexico or do i have to go to india ?
c) how easy is the process for my employer to file for my h1 while i am on h4
My current h1b and i94 expire in Sep 2010. Thanks
 
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