L2 EAD Validity Query

[psujitkumar]

Would highly appreciate a response. Thanks in advance.

Scenario:
1. I came to the US for Company A in 2011 on L1B visa with my wife and son on L2 visa.
2. Wife got an EAD based on her L2 status. Validity from 24 Feb 2012 to 6 Jan 2014. Currently working on the same.
3. Wife got her H1B applied this year on 1st of April, 2013 and it got approved on 23rd of May 2013. H1B starting from Oct 1st, 2013.
4. Company B applied for my COS from L1 to H1B(non-cap using my old H1B cap number) on 3rd of April, 2013 along with my dependent’s H4. It got approved on 9th of July, 2013.
5. I resigned on 11th of July, 2013 and ‘am on notice period currently. I have been informed by my Company B’s immigration team that since I have moved out of L1, my wife can no longer work on L2 EAD and hence she also should resign and be on notice period till next 2 weeks, when they receive the paper copy of the notice. After which I will be on H1B and she will be on H4. Not only that but due to the Last Action Rule of USCIS, she will not longer be able to use her approved H1B starting Oct 1st unless a COS from H4 to H1B(Non-Cap) is applied and approved.
6. My wife goes to her current employer, who has filed her H1B with the above questions and her employer says his attorney has confirmed that she can still work on her EAD till Oct and from Oct, on her H1B.

My Query:
1. Is there any possibility that my wife’s employer is telling the truth?
2. Can she continue working given the above scenario?
3. And does the Last Action Rule force her to file a COS from H4 to H1B considering that her H1B was valid only starting Oct 1st? I was under the assumption that no matter what visa she is on before Oct, once 1st of Oct, 2013 kicks in she will automatically go to H1B status. Can somebody please adivse ?

[kabkaba]

First of all you yourself are in violation by working for A. Once the change of status is effective you must begin working for H1B sponsoring employer immediately. A reasonable gap is okay, but make sure you move quickly.

Your wife's status is also changed to H4 and her L2 status as well as EAD are void. She is not allowed to use that to work any more.

If H4 was approved after H1 approval, her change of status to H1B is also a matter of confusion because of last action rule.

[psujitkumar]

Thanks kabkaba. Advise on how to convince the employer

First of all you yourself are in violation by working for A. Once the change of status is effective you must begin working for H1B sponsoring employer immediately. A reasonable gap is okay, but make sure you move quickly.

Your wife's status is also changed to H4 and her L2 status as well as EAD are void. She is not allowed to use that to work any more.

If H4 was approved after H1 approval, her change of status to H1B is also a matter of confusion because of last action rule.

Thanks kabkaba. I have already resigned the next day after we came to know of my H1B approval and my wife also asked her employer regarding her resignation due to non-validity of her EAD. But her employer came back to us saying his attorney has confirmed that she can still work on EAD till Oct and from Oct, on H1B. He is refusing to agree. We just saw that there is a USCIS Self Verify tool, where it shows if we can check our work authorization status. Do you have an experience using that ? Would it help us in finding something, which we can send to her employer to prove that she cannot work and hence forced to resign ?
Can you pls advise as to if we can approach any USCIS body to find out our current status in this country ? Not sure how to convince her employer hence asking for advise. Thanks in advance.

[ssumitha]

hi friends,

Did anyone have an accurate information on the above?
thanks,
SS