Can my employer file H1B petition without me having an L2 EAD

[nithyaroslin]

I got the L2S on my i-94. My employer submitted H1B for this year and it has been picked up in lottery. But now, they are refusing to file my petition without an L2 EAD at hand.

I have applied for L2 EAD extension. But currently the processing time is 9 months. I applied in February. Definitely my EAD will not arrive before this month end.

Can my employer file my petition without L2 EAD?

[newacct]

L2 spouses can work without an EAD. There is no reason why whether you have an EAD should matter.