J1 to H4: Opinions on visa stamping vs I-539


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Subject: Concerns regarding switch from J visa to H4 (completing 5 yrs on J program)


Thank you for taking time and providing feedback on this awesome forum. I am planning to apply for a H4 visa dependent on my spouse's approved cap exempt H1b. I am on a J program completing my tenure shortly. Having been a J scholar I did have the 212(e) 2 yr host country requirement. I have obtained the final waiver for this clause from concerned US departments.  However, I was unable to find a suitable H1b sponsor in time to get on to another position. 


Due to delays in I-539 processing for H4 request I plan to return before duration of status end date and schedule consular H4 stamping from my home country. I need to be back here with my family at this time especially with a little one. The hardest part is waiting for internal status changes forever with delays exceeding 6 months!.


With the current documentation i.e. my spouse's i-129,1-797,paystubs, employer letter,  child (USborn) birth certificate, proof of marriage etc., will  there be any concerns ? like 221-g on previous work experience. I will obviously show evidence that I was previously working on a different status having SSN, DL, etc. 




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