enter with L2 and change to H1

[salta]

before proceed to ask for clarifications..let me put this to you.

on L2 : aug 2006 to sept 2007
on H1 : Oct 2007 till date (which is COS, not having stamp in my passport)
having paystubs till now both on L2 and H1

if i go to my home country, India in next march(2009) and reenter on L2(with valid visa):
up on renter can i COS to H1 somewhere in sept 2009 ? (wont be having H1 stamp) will this be a prob?
shld i have H1 stamp thou i want to enter on L2 ? and later to be on H1 ?

Thanks everyone.

[txh1b]

Possible.

[salta]

possible ? for a problem to occur/L2 COS to H1?

Please make me clear.

[txh1b]

I am guessing your intent is to enter on L2 (provided L1 person is in status), take a break from work and once you are ready to work again, have a H1b COS filed. No issues with this approach. You have to wait for COS to be approved to begin work on H1b though. If you have L2 EAD, that can be used to work if you wish.