L2 processing when H1B under process

[ngufo06]

Need help on:

I am on L1A Blanket visa in US. My wife is currently in India. Her H1B visa has been filed from India and is currently in RFE state. I want to get her dependent visa(L2) processed. Can you please help me with following queries:

1. If we file her L2, would it have any impact on her H1 processing or is it fine to start L2 processing while H1 is in process.
2. If she is in US on L2 and her H1 approval comes, can she start work in H1 visa without going to India or would she have to go back to India and get her H1 stamped.

Thanks in advance.

[kabkaba]

No problem with the petition. After it is approved, if she is present in the US her employer will have to file petition amendment to change status. After amendment it approved with change of status, she can begin working. Alternatively, if she obtains L2 based EAD and maintains L2 status (no COS to H1), she can work using that EAD.