L2 EAD to H1 transfer

[anukollon]

Hi,

I am on L2 EAD which expires in June 2012. I got an offer from one of the company who agreed to file H1 visa for me in the April 2012 slot.
Mean while my husband's employer is not providing him L1 extension instead filing H1.
Let's assume he gets his H1 before my H1 gets approved, then will I go out of status because we have not applied for my H4. What should we do for me to continue working here?

Thanks in Advance.

[kabkaba]

Once your spouse's H1 status starts, your L2 status ends. You cannot stay or work in the US. The only way you can stay in the US in this case is if your employer has filed H1 petition for you before spouse's H1 start date.
H1 cap is open right now. Why not have this employer file H1 right now with an immediate start date?

[anukollon]

But now the main problem is my employer is telling me that they will file H1 for me only in early Jan. I doubt if the cap will be available till then. It has already reached 49.2K as of Oct 31.

[kabkaba]

Well, convince them to file asap.

[anukollon]

If my employer files H1 for me in April 2012 quota, can my husband's company file H4 for me in parallel. Is it okay to apply for both H1 and H4 at one time. Which visa will I hold eventually(if both gets approved)? Currently I am L2-EAD and my husband with L1.

Thanks in Advance.