L2 to H1B

[sophiya]

My Husband has been working from 2011 for Company A on an L2 EAD. My five years of L1 expire on 6th Sept 2012 and so will his L2 EAD.

If Company A files his H1B now, his H1 status will be active only Oct 1st 2012.

Does that mean that he cannot work from the time his L2 EAD expires on 6th Sept to his H1 activation on 1st Oct ?

If so, is it it legal for him to take unpaid leave during that time and continue working once his H1 status is active ?

[goomail]

Yes, he cannot work after 6th Sept.

Also, ideally he does not have the rights to saty in US after 6th Sept. Most probably his H1 will be approved for consular processing only, since there is a gap between L2 expiry and H1 start dates. If so, he must leave US before the current I94 expiry, get H1 stamped from home country and return to US. In my opinion, best option is, take a vacation and leave US on or before 6th Sept, get H1 stamped and come back by Oct 1.