L2 to h1b change of status - urgent

[Charlie]

My wife is on L2 with EAD working for company A. Company B had filed her H1B with change of status and it was approved a week back but the approval notice is not in her hand to see if CoS was approved. Now she does not want to join company B & wants to continue with her L2. I hear that her status automatically changes from L2 to H1b from October 1.

A. Does she have to leave US before or on sep 30 & return in October to retain her L2? Or
B. Can she wait till October 1st to see if her status has changed, if changed, leave immediately & return on L2?
C. If she does option B, will her job with company A & EAD become invalid if the status gets changed to H1B since she will be leaving US after October 1 & returning on L2?

I does not have much time. Any help in this regard will help us.

Thanks in advance.

Best regards

[Charlie]

Her H1B was approved from company B with COS. Now company A is filing here H1B transfer tomorrow.
1. Can she continue work for Company A since they have filed for a transfer? or
2. Does she have to leave US on or before Sep 30 & return on or after Oct 1 to be in their payroll?

[raghvi]

Her H1B was approved from company B with COS. Now company A is filing here H1B transfer tomorrow.
1. Can she continue work for Company A since they have filed for a transfer? or
2. Does she have to leave US on or before Sep 30 & return on or after Oct 1 to be in their payroll?

Pretty tricky situation as there is hardly a week remaining. Even in premium it can take 2-4 weeks to get approved. USCIS will most likely raise an RFE asking to prove her valid status on and from 01-Oct-2014 and as she will not be working for B she would be considered out of status.

I would say to be on the safe side, leave US before 30-Sep-2014 , return after COS start date (lets say 01-Oct-2014) on L2 visa, and continue working with A. Once she returns, A can file for the transfer from L2 to H1.

I do hope she has a valid L2 visa stamped in the passport to be allowed re entry on L2.

This is my opinion not legal advice.