working on L2

[reachar]

Hi,
I'm on L1 working for company A in US. my wife is on L2(with EAD),working. VISA/I-94/EAD valid till Feb-09.

I applied H1B(as COS) with company B and got approved. If I decide to work for comp B from October 1, can my wife still continue the work?

Thanks.

[DMX17]

NO.

Since your status changes to H1, her status should change to H4 at the same time. She cannot be on L2 while you are on H1. Make sure her status change occurs simultaneously as yours.

You - L1 to H1 (Oct 1st)- No longer L1 and cannot work for L1 employer
Your wife -L2 to H4 (Oct 1st)- No longer on L2 and cannot work. Period.

[txh1b]

As your status automatically changes to H1 on Oct 1st, if her COS to H4 was not applied before that, she becomes out of status.