L2 EAD to H1B

[Tanmaya]

Hi,

My spouse originally had H1B visa and she worked on H1b for a year or so. Later, She went to India and got L2 visa(as I was working in L1 visa). She started her job with L2 EAD . Since I had to come back to my country, she applied for change of status from L2 to H1B. She has already received the receipt number from USCIS before her L2 expiry. My question is Can she work now based on the receipt number from USCIS, since her L2 EAD is expired and H1B is not yet approved?

Is there any way to check the legality of work status?
Her employer has mentioned that she cannot work as her L2 EAD is expired?

Really appreciate your responses.
Thanks

[raghvi]

Hi,

My spouse originally had H1B visa and she worked on H1b for a year or so. Later, She went to India and got L2 visa(as I was working in L1 visa). She started her job with L2 EAD . Since I had to come back to my country, she applied for change of status from L2 to H1B. She has already received the receipt number from USCIS before her L2 expiry. My question is Can she work now based on the receipt number from USCIS, since her L2 EAD is expired and H1B is not yet approved?

Is there any way to check the legality of work status?
Her employer has mentioned that she cannot work as her L2 EAD is expired?

Really appreciate your responses.
Thanks

She cannot work till the COS to H1 is approved.

This is my opinion not legal advice.