2 year HRR and Re entry


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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. 

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