L2 to H1 Transfer

[Gaurav Mahajan]

My wife is currently working on a L2 (EAD) for her a company A through her vendor company B.
Her payroll is currently being generated by company B weekly.

This year company A has applied for an H1 and Change of status (from L2 to H1) for my wife as they intend to hire her in the coming months.
Probably starting from Feb next year i.e. 2014. Recently Company A has got into a "Contract to Hire" agreement with compnay B for my wife.
We are still waiting for a decision from USCIS on her H1 petition.

Would like to know

1) If it is possible for her to keep working via company B for company A from October 2013 till Feb 2014, incase her H1 visa gets approved ?

2) If not then what are the options available to her ?


Thanks

[kabkaba]

If A filed the H1B petition, they should hire her from the effective date of that petition. Once change of status is approved she must start working for the H1 petitioner and not any other company.