Got L2 and H1 petitions. Which one to use?

[buzzvinodh]

I am working in US on L1A visa. My wife was working in US on H1B for few years.

Currently, my wife is in India. She holds both L2 and H1B valid petitions. Neither of them are (visa) stamped.

Her wish is to come back to US as soon as possible. However, she would like to join work only after few months.

What are my options?

If she travels to US using L2, how would she convert to H1 without having to travel to India for stamping when she wants to join back at work?

[Attorney_11]

Individuals in L-2 classification may apply for an Employment Authorization Document (EAD). Thus, they do not necessarily have to change status to H1B in order to work in the US. And they can apply for the EAD only after coming to the US in L-2 classification. L-2 individuals, unlike H1B non citizens, do not need to work to maintain their status. They can work at some time in the future, if they so desire, once they get their EAD.

[buzzvinodh]

Thanks for the response. There is a catch though.

My L1A expires shortly whereas my wife has H1 petition till end of 2014. So the preference is for her to secure job using her H1 instead of L2 EAD.

Can she come to US using L2 and change to H1 without having to go outside US? How will she get H1 stamped? Please assist.

[Attorney_11]

Assuming an individual is present in the United States lawfully, and is eligible for the visa classification sought, they should generally be permitted to request change of status inside the United States.