L2 working in absence of L1B while H1B has been filed


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I am on L1B Visa and it is valid till Oct 2014. My project might get over in May 2013 and I will have to travel back to India then.

My wife who is on L2 visa, is working for another company. Her company has agreed to file her H1B visa in April first week.

Can she continue to work in my absence as her L2 visa is valid along with EAD and also her H1B visa would have been filed?

I would be back to US in Oct 2012 as another company has agreed to file H1B visa for me in April.

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Generally, an L-2 nonimmigrant's classification is tied to the validity of the principal L-1s maintenance of valid classification. Traditionally, departure from the United States because the terms and conditions of status have ended, like the end of a project, results in a termination of status for the principal, which logically means that dependents are no longer able to lawfully hold derivative status. It may be valuable to speak to a qualified immigration attorney to determine a personalized legal strategy.

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