L2 EAD to H1

[askmurthy2011]

Hi,

I had a valid H1 which expired in March 2010. Now I am in the US and employed on L2 (EAD). Can my current employer file an H1 Transfer for the old H1 in Jan 2011 or do I need a fresh H1 to be filed by my current employer. Also, if the latter is true (i.e. a new H1 has to be filed), can I begin working on my (new) H1 prior to Oct 2011.

Thanks for all your help

[shervin143]

I had a valid H1 which expired in March 2010. Now I am in the US and employed on L2 (EAD). Can my current employer file an H1 Transfer for the old H1 in Jan 2011 or do I need a fresh H1 to be filed by my current employer.
>>> If you haven't completed 6 years in that H1B CAP (H1B + L1 combined), then a new employer can file a H1B using that old CAP.

Also, if the latter is true (i.e. a new H1 has to be filed), can I begin working on my (new) H1 prior to Oct 2011.
>>> Irrespective of new or old H1B, you cannot work until the H1B with COS gets approved (The H1B approval should come with a new I-94 for you start working for the H1B employer).