Travelling outside US on L2 EAD while H1B MTR is under process?

Is it advisable for my wife to travel out of country on L2 EAD when her H1 filing is rejected and MTR (Motion-to-Reopen) is under process?

My wife is having her L2 EAD valid till March 2014 and H1B is filed in April 2013 in premium processing but it was rejected. Her employer have filed MTR which is under process currently.

We have planned our vacation in December 2013.



While her H1B MTR is still under processing, can she leave country and re-enter US on her valid L2 EAD?

What if her MTR approved while we are in India? Does she have to go for stamping in India or can she enter on L2 EAD and apply for amendment/COS (Change of Status) after coming here?

What if her MTR rejected? Can she re-enter US on her valid L2 EAD? Or does she have to obtain fresh L2?


Your help is greatly appreciated.


With Regards,



Did they apply her H1B as COS ? If they have NOT filed it as COS, she is fine to travel and come back. It should not have any impact.

anyways MTR offers no legal status.