L2 to H1 COS

[nithyakesan]

Hi,
If a person is working on L2 [with valid EAD], and the employer is willing to file H1B COS for the employee,
1) Is it exempt from H1B cap?
2) Is L2 still valid after Oct-1st,2009? Or it gets cancelled with EAD?
3) If a COS petition is filed, Can the person travel to home country in the meantime?

Thanks,

[txh1b]

Read the 100s of posts on same subject.

1. No, why should it be exempt?
2. A person can only maintain 1 status at a time. If COS is approved, L2 status does not remain and EAD is void. The visa however remains valid.
3. Travel before approval voids COS.

[nithyakesan]

Thanks for your reply!

When does COS approval actually happen? Is it Oct-1st or Can I know it earlier?