Question on L2 to H1 conversion

[avdp]

Hi I am on L1 individual visa which is expiring Aug 2012 and Maxing out Oct 2012
I have a I-94 valid upto Oct 2014.
My spouse is on L2 and working on EAD , both expiring Aug 2012.

We both are applying H1 through our employers in this year's CAP.

I am going to apply for L2 and EAD extn (recapture ) for my spouse until Oct 2012.
Since I am on L1 individual, I have to apply for recapture too for two months ( Aug - Oct ).
so that we both can stay on L1 and L2 until October and continue on H1 starting from October.

I have below questions.

1. What is the procedure for applying H1 for my spouse, is it a new H1 applicaiton or L2 to H1 change of status ?

2. Will there be any issue for my spouse's H1 applicaiton since the L2 is expiring Aug 2012 , and we didnt get the extension yet .

3. I am reading about lot of L1 rejections and denials lately. If my L1 individual recapture for 2 months get rejected, can i continue to stay on the I-94 which is valid upto Oct 2014 and switch to H1 starting Oct 2012 ?

Please advice.

[shervin143]

1. What is the procedure for applying H1 for my spouse, is it a new H1 applicaiton or L2 to H1 change of status ?
>>> They are the same. The employer will need to file a new H1B petition that is filed as a COS from L2 to H1B.

2. Will there be any issue for my spouse's H1 applicaiton since the L2 is expiring Aug 2012 , and we didnt get the extension yet .
>>> You cannot file the H1B without filing the L1/L2 extension first. If you do that, then the H1B might get approved for consular process. File the L1/L2 extension first for 2 months and then based on the pending or approved L1/L2 petition, file the COS to H1B which will get approved for COS.

3. I am reading about lot of L1 rejections and denials lately. If my L1 individual recapture for 2 months get rejected, can i continue to stay on the I-94 which is valid upto Oct 2014 and switch to H1 starting Oct 2012 ?
>>> Yes. If the I-94 is valid until 2014, then there is no need to file the extension. However, it is your responsibility to not overstay or work beyond 5 years in L1.