L2 to H4 status change

[mmanands]

My H1B filed under the L-H cap 2016, after RFE submission I got the H1B approval on this Monday. While applying L-H, I/company did not process the H4 for my dependents and we are starting the process now, In this circumstance my spouse visa status will be still in L2 till the H4 petition is approved ? She is currently working on L2 EAD, does she able to legally work ?

please advise.

[raghvi]

My H1B filed under the L-H cap 2016, after RFE submission I got the H1B approval on this Monday. While applying L-H, I/company did not process the H4 for my dependents and we are starting the process now, In this circumstance my spouse visa status will be still in L2 till the H4 petition is approved ? She is currently working on L2 EAD, does she able to legally work ?

please advise.

Was your H1 applied as a COS or as consular process? If as COS then you already in h1 status and your spouse/dependents with no L2 to H4 applied will go out of status. A nunc pro tunc case may restore their H4 status. She cannot work as L2 EAD if you already moved to H1 status. For an H4 to be eligible for EAD your I140 must be approved.

This is my opinion not legal advice.