J-1 to H-4 after J-1 Waiver

[Atish82]

I am on H-1B without stamping and my fiance was on J-1 Visa as pot doc. While she was working on J-1 she found better J-1 Position. But, due to miscommunication and lack of proper coordination between her previous employer and new employer, her SEVIS records got inactivated before it was being properly transferred to new employer. She left US immediately and currently applying for J-1 waiver so that she can become eligible to come back to US. Once she will get waiver i am planning to go to India to get married so that i can get my H-1 B stamped and also get her as my dependent on H-4. For this i have following questions:

1. Should we both go for the Visa Stamping and h-4 at the same time?
2. is there are any chances that visa officer can decline her H-4 given that she did not continue her J-1 program and now going back on H-4?
3. She also has B1/B2 visa, is it recommended that she come to US and we get married here and then i'll go for stamping and she goes for H-4?

Please advise what should be the best course of action so that she can get H-4 without any complications.

 

Thanks,

[jairichi]

I am on H-1B without stamping and my fiance was on J-1 Visa as pot doc. While she was working on J-1 she found better J-1 Position. But, due to miscommunication and lack of proper coordination between her previous employer and new employer, her SEVIS records got inactivated before it was being properly transferred to new employer. She left US immediately and currently applying for J-1 waiver so that she can become eligible to come back to US. Once she will get waiver i am planning to go to India to get married so that i can get my H-1 B stamped and also get her as my dependent on H-4. For this i have following questions:

1. Should we both go for the Visa Stamping and h-4 at the same time?
2. is there are any chances that visa officer can decline her H-4 given that she did not continue her J-1 program and now going back on H-4?
3. She also has B1/B2 visa, is it recommended that she come to US and we get married here and then i'll go for stamping and she goes for H-4?

Please advise what should be the best course of action so that she can get H-4 without any complications.

 

Thanks,

1. It is your choice. It is always better to go together.

2. Nope, she if sine.

3. Go the direct route. Get married in home country and let her enter on H4.