2 year HRR and Re entry

[Samarth]

I'm currently subject to the 2 year home residence requirement due to my prior J1 visa and have few more months left after which I plan to return to the US either on a H4 visa (spouse on H1 with a pending GC application, and US citizen child) or H1B visa. 

 

Prior to this, I worked for a small not for profit organization on a J1 visa. Even though my performance was great, I had complications at work place due to politics and couple of insecure colleagues. I resigned from my job as I was unable to bear the stress/politics at work and chose to return to my home country (Spouse and kid still in the US). I quit on very good terms with the management who infact offered me to stay back and lured me with a promotion and great pay. They also said I was welcome to join them if I ever chose to come back after my J1 waiver / 2 year HRR is fulfilled. 

 

Even after I resigned, I maintained email contact with my ex boss with whom I shared a good rapport. 6 months back, I was again offered to rejoin them with an assurance that everything will be taken care of. At that same time I traveled to the US on a B1/B2 visa for about 1 month to visit my family. When i mentioned to my ex boss about my travel plans to the US, she asked me if I can resume work immediately as she wanted me to lead an important upcoming project. She assumed I obtained the J1 waiver and was returning to the US for good. I was also asked to get in touch with the organization's immigration attorney to work out my visa issues. 

 

After taking down all my details, the attorney informed me that I will not be eligible for a work visa or J1 waiver and that I don't have any other option but to complete the 2 year HRR. I then wrote an "email" to my ex boss letting her know my inability to obtain a work visa but offered to volunteer (without pay) during my 1 month stay in the US. She told me to complete the 2 year HRR and come back to work with them so I didn't get to volunteer on that project. I left the US in exactly 1 month after spending time with my family.  

 

My questions:

 

1. What if anyone from the organization complains to DHS about my intent to work on a B1/B2 visa (especially since the communication was on email) even though I only offered to volunteer (inspite of my offer to volunteer being turned down) and will I have any complications when I apply for a H4 / H1 visa upon completion of the 2 year HRR? 

 

2. What complications can I expect if the above were to happen?

 

3. Do I need to get in touch with an immigration attorney as a pre emptive measure?

 

4. Given the circumstances, what visa should I go with upon completion of 2 year HRR - H4 or H1b?

 

Thanks so much ! I will appreciate your help and thoughts. 

 

[jairichi]

1. Why would your boss ever share with others the email that you sent to her? You are fine as you did not violate the terms of your visa.

4. If you would like to work then H1B. If your spouse is on H1B with an approved I-140 you can opt for H4 and apply for EAD. Do not opt again for a J1 visa.

[Samarth]

Really appreciate your response Jairichi. Thank you!

 

My email was shared with other people in the management including couple of staff who I didn't get along well with and actually quit the organization coz of them. I'm being wary of their mal intentions if any.