How to get back to H1 from L2 status?

[buzzvinodh]

My wife was working on H1B. She wanted to take a 1 year break from work and hence did a change of status to L2 (I am on L1).

COS got approved.

Now she wants to get back to work using the same H1B (which was approved till end of 2014).

 

1. How can she get back to H1B status? Will the old petition still be valid or should she apply for cap exempt?

2. Should she get a stamping freshly? If so, should she travel to India?

3. One person told the change of status from H1B to L2 would have invalidated the H1B petition. Is that true?

 

She is not opting for L2 EAD.

 

Please assist.

 

[t75]

She needs an employer to file a cap-exempt petition. Once it is approved and she has a valid I-94 - with approval on COS or entry to US with H1B stamping and approval, she may begin working.

[buzzvinodh]

Thanks for mentioning that a cap exempt petition needs to be filed.

 

Please clarify the second point.

Will she get I94 along with approval petition or should she go to India for stamping (consular approval)? Or are both options possible?