L2 to H1 conversion

[manas121]

Hi All,

My wife is on L2 and is working on L2 EAD. Both myself and my wife are on L1 and L2 extension where our I-94 is valid till May 2015. This year (2103) my wife company applied her H1 and it got approved. My wife is currently in India on vacation and was planned to come back on Sept 20th 2013. However due to some personal emergency, she extended her leave and now she is coming to US on Sept 28th 2013 and reporting to work on September 30th 2013. I hear that from Oct 1st 2013, her H1 will be active and L2 automatically becomes invalid. Is this true? Please advise

Is she still good to come to US on L2 visa (her L2 visa is stamped in India) on Sept 28th and continue to work on L2 till Sept 30th and change to H1 from Oct 1st ? If yes, does she need to do anything for change of status and also do I need to let my employer know that my spouse has changed from L2 to H1 and revoke her L2? Please advise.

Please note her current employer where she is working on L2 has applied for H1B in 2013 and got approved.

[kabkaba]

Did the H1 petition get approved before she left the US? Was it approved with change of status?

If yes to both, she can travel back with L2 Visa, but her status will change to H1 on Oct 1. (The change of status will not be voided).

[manas121]

Thank you for the details. Yes, before she travelled back to India for vacation, she had H1B approved with COS (I-94 valid from Oct 1st 2013 till Sep 2016). I think based on your reply, my spouse will move to H1 from Oct 1st automatically and no need to do anything additional for change of status. However, my spouse will check with her attorney for the confirmation.