Can I move from L2 to H4 without break in eligiblity to work ?

[i045400]

Hi,

Here is my situtation : -

I am currently on L1 visa and wife is on L2 visa with her EAD. My L1 visa is due to expire in Nov'16, when I must switch to H-1B.
Luckily I already have my H-1B visa petition approved from USICS. My company has agreed to apply for my green card too. I am currently on the first stage and undergoing labour market test, i.e. my I-140 is yet to be applied.

In light of the new ruling that people of H4 can work if certain conditions are met and assuming that I'll get my I-140 before Nov'16, I want to know if it will be possible for my wife to move from L2 to H4 without interupting her right to work ?

I am concerned that this is not possible because when my wife move to H4, her L2 will be termination and thus the corresponding EAD.
This will require EAD to be applied again for H4.

Looking forward for your comments and views.

Regards.

[kabkaba]

Change of status and EAD can be applied together. The problem is that there is no guarantee that they will also be approved together. But, generally they are approved together.