L2 - EAD after L1 switching to H1.

[Laxvijit]

Hi all,
My wife has an EAD which she got while she was on L2. Now I have been switched to H1, and in some time I will apply for her H4.
Can she work on her EAD (which she got while she was on L2) once she is on H4.
If not, can I not apply for her H4 so that she can continue working on her EAD.
Will the EAD be valid once I switch over to H1 but NOT applied for her H4. Can she continue working in that situation.
Has any one been in this situation before?

[raghvi]

Hi all,
My wife has an EAD which she got while she was on L2. Now I have been switched to H1, and in some time I will apply for her H4.
Can she work on her EAD (which she got while she was on L2) once she is on H4.
If not, can I not apply for her H4 so that she can continue working on her EAD.
Will the EAD be valid once I switch over to H1 but NOT applied for her H4. Can she continue working in that situation.
Has any one been in this situation before?

Since you have switched to H1, your L1 and consequently your wife and your dependents L2 is no longer valid. If she is still working then its illegal, and if she doesnt have an H4 she is already out of status.

One is not supposed to work while on H4. Its not your choice whether you can move your dependents to L2/H4, if you are on L1 they have to be on L2 and if you are on H1 they have to be on H4. You cannot have an EAD for H4 and cannot apply for her EAD while on H4.
It appears she has already out of status as she doesnt have a H4. You should immediately apply for her H4 and she should immediately stop working. if her L2 to H4 is rejected she should leave US, get H4 stamped outside US and re enter on H4. If you are not converting to H4 and stopping her from working it might be more problematic in future for you as well as for her.

This is my opinion not legal advice.

[kabkaba]

If she is present in the US and your change of status is already effective, she is out of status. Working is further out of question. Even change of status is not likely to work now. She will have to leave the US and return with H4 Visa.