L2 EAD to H1B Conversion - RFE

[janand44]

I had a valid H1B until i was laid off last year in November. I immediately applied for L2 as my wife works here on L1(received L1 on Feb 19th), and then concurrently processed EAD. Once after getting EAD(Feb 21st), i started working for a client(Feb 25th). In the mean time my former employer had revoked my H1b(as of Feb 18th). I was told during this period i was safe and didn't go out of status. Now my employer wants to apply for a transfer of H1b (in this case almost a new filing, but cap exempt). My question is if, for some reason i get an RFE, could I still continue working on L2 EAD approval(valid till 06-13-2015)?

Some more details, i still have approx 17 months on the H1b(i.e. on the second 3 year period)

Wife's L1 is expiring 02-11-2014, her i 94 is valid till 06-13-2015.

[pontevecchio]

YES

[janand44]

Just have a very quick follow up question, consider that my h1b is approved, at this point i will still have 17 months on my H1B not counting Dec 2012-June 2013, the sum total of my years worked would then be approx 4 years , 3 months on h1B + 6 months on (l2 / l2 EAD) + remaining time on H1B (approx 21 months )which will be over 6 years. I was under the notion that, one cannot be in continuous working status for more than 6 years in a row on H1B unless GC process is under way?

[pontevecchio]

Periods working based on L2 EAD are delinked from periods in H1 status and do not count towards the 6 years in total.

[janand44]

Ty for your reply