Validatity of L1 status when H1B approved

[krishnavenich]

I am currently working in USA on L1B(Visa Expired on June 4, 2011) staying on Valid I94(Valid till 2013). My company is applying H1B petition for 2012 quota. If my H1B got approved, Can I stay in USA with L1B Visa, so that my spouse can work on L2 EAD. Appreciate your quick help.

[Transformer]

For 2012 quota, genrally H1 (if applied with COS) will be approved with a start date of Oct 1st. Which means you are on H1 status effective Oct 1st. So, you can't work on L1 and your spouse on L2 starting Oct 1st. If you want to keep the L1 staus (and your spouse's L2) leave the country on or before Oct 1st and re-enter on or after Oct 1st.

[pontevecchio]

If you change to H1 status and work for the H1 sponsor she will have to convert to H4 and cannot work in H4 status though she could also get a H1 sponsor.