Question on change of status from L2 to h1b

Question

My spouse is  currently working on L2-EAD and her Visa will expire on 1-sep-2013. She is waiting for H1B Approval thorugh premium processing.

 

1. will she be able to stay in US and start work from 1 oct 2013, because h1b valid from 1 oct 2013.

2. L2 dependent visa Exp on 31-aug-2013 so will she be legally staying here

3. H1b Approval notice she can stay based on the updated I-94 which USCIS will issue with H1b approval? please suggest?

Answer 1

1. Not unless her I-94 is valid beyond her visa stamp. If that is not the case, then she has to file an application for change of status to B1/B2 to remain in the US for one month until Oct. 1. She will not be able to work during that transitory period.
2. Yes. She will be accumulating 'unlawful presence' and will be out of status.

3.  None