My husband was working on L1 & his visa expired on 01April 2012, he has I94 valid until Nov 2014. His company has filed his H1 this year. I’m also working & have a EAD valid until Mar 2014. My husband will be travelling to India in August 2012 & will come back after the H1 stamping in Oct 2102, I will not be travelling along with him, I will stay here. I wanted to know if I can continue working based on my EAD without applying for H4 visa.
You should not do that. Although technically you can stay on L-2 EAD b/w Aug and Sep, yet that would be a misuse of the visa. L-2 is a family reunion visa and if the husband is leaving US w/ intent of not returning on L-1, then you should abandon your L-2 as well. You should leave w/ him and return on H-4 visa.
Have a discussion w/ your attorney in case you do decide to stay back on L-2. In either case, L-2 will not be valid after Oct 1.