L1 to H1 Change of Status and L2 EAD


I have a complex issue.

I was on L1 visa and my company applied for H1 through COS. My COS got approved on Oct 3. My L1 visa is still valid till Mar’2013

My wife was on L2-EAD (valid till 2014) and her company had filed her H1. However she has RFE on her H1 and her company is in process of responding.

I have following Qs.

  1. Can my wife continue to work beyong Oct 3. I believe the answer is No since my status has changed to H1. Can someone confirm

  2. If I travel to Canada and come back on l1 visa then will my status change to L1? I specifically ask Canada because they do not take I-94 if it is valid. However I am not sure if my I-94 is for H1 and my visa is for L1 will they issue me new I-94 for L1 or not

  3. If my status gets changed to L1 can my wife now work on EAD or does she need to apply for new EAD?

Thanks for your response

  1. YES, she cannot continue to work on L2 EAD.

  2. If you apply for L1 to H1 COS your L1 is void, you are already on H1. Your I94 card number remains same even when you move from L1 to H1, this shows that you have only one valid visa.

  3. Your L1 is not valid anymore unless you want to move the status back to L1, and take the necessary steps by informing USCIS.