US Immigration from China

Hello,

My fiancee unknowingly overstayed her allowable presence in the USA. This happened because her passport expired before her H-1B's stated expiration date. My understanding is still a bit fuzzy, but I believe this resulted in her I-94 becoming invalid before her H-1B's expiration, resulting in the unlawful presence.

Her H-1B expired in August, 2021 and her employer has applied for a "nunc pro tunc" (NPT) to forgive her oversight. As it has been over 6 months since her last allowable day in the country, I am under the understanding that a denial of the NPT will result in a 3 year ban from re-entering.

Her employer's legal team has suggested we get married immediately and file for marriage-based green card. They said that unlawful presence is forgiven for applicants of marriage-based green cards.

A few questions I am hoping to get some help with:

1. If the NPT is denied resulting in a 3-year ban: Is there a way around this ban? For example, would being married in another country allow us to re-enter before the 3-year ban?

2. If we do not get married and the NPT is denied: If we wait till after the NPT is denied and get married immidiately & file spouse-sponsored GC, would that still forgive the unlawful presence. In other words, why would applying for marriage GC now be acceptable but not after NPT denial?

3. Although she has worked unlawfully for 6+ months, should she halt work now that she IS aware (until the NPT decision is made)? Would this make the case for NPT / forgiveness any stronger?

Thanks in advance, please let me know if I can clarify any parts of the situation!