Outof status on H-1 transferring to H-4

[userid]

Hello everyone,
My girlfriend was on H-1 in united stauts, her employer doomed her and she became out of status for more than 6 months. She applied for new H-1 with a different employer while staying in US. Her H-1 was approved but she didnt receive any extension of stay. She ended up going to India to get visa stamped.
She's been to consulate in kolkatta but they put a query on her, some kind of security check stating that she was out of status. She had to wait for 4-6 weeks for some kind of result.
If in worst case her visa gets rejected can i bring her back on H-4. I have maintained good staus in this country and i have valid visa too. Does the VO point out the same question of her out of status and reject her visa if applying on H-4.
Some one please help us out, i would like to know what her fair chances are coming back into US.

[veena_swsh]

H4 visas are only for spouses. You will need to be married to her for getting her on H4. If a case is pending process from the consulates end, then unless there is an exceptional change of situation, then there is no way they will entertain the applicant going back to the consulate.

[userid]

Hello Veena,
thanks for the reply. I do want to go to india, marry her and then get her here on H-4 status. Did u meant in your reply that i need to wait until she gets some kind of reply back from the consulate about her pending status.
Let us think that she was rejected her visa based on H-1.
Will it be possible for us to go back to the consulate and apply based on H-4, will she be granted the visa without any issue.

[veena_swsh]

You can apply for her H4 even while her H1B is pending process, after your lawful wedding that is. Are you aware for what details her H1B is pending administrative processing? If you hawever choose to go for H4 stamping for her, then you will need to re-affirm that she does not have an intention of seeking employment in the US.