L2 to H1B COS Issue

[sattvic2780]

Hi,

Here is my Situation. I am on L1B, My L2 with EAD. We both are working.

My company applied for H1B & Approved with COS.

My Wife also applied for H1B with COS - pending approval, got RFE a couple of days before. She is in the process responding to RFE.

From Oct 1st my H1B COS status will kick off. Does my wife looses her L2 & EAD automatically? Can she stay legally in US until her H1B is approved?

I did not apply her H4 - How much time do I have to apply her H4 in case her H1B gets rejected?

My lawyer strongly says she is legally allowed to work on EAD until her H1B approved though my status changes to H1B from Oct 1st. Also he says since her I129 petition is COS - she can stay legally until her I129 is approved.

Also he says worst case if her H1B is rejected she has 60 days to apply for H4. Is that correct? Please let me know.

Thank you in advance.

[sattvic2780]

Could someone please throw some light on this ?