L2 to H1B auto change of status

[Charlie]

My wife is on L2 with EAD working for company A. Company B had filed her H1B with change of status and it was approved a week back but the approval notice is not in her hand to see if CoS was approved. Now she does not want to join company B & wants to continue with her L2. I hear that her status automatically changes from L2 to H1b from October 1.

A. Does she have to leave US before or on sep 30 & return in October to retain her L2? Or
B. Can she wait till October 1st to see if her status has changed, if changed, leave immediately & return on L2?
C. If she does option B, will her job with company A & EAD become invalid if the status gets changed to H1B since she will be leaving US after October 1 & returning on L2?

I does not have much time. Any help in this regard will help us.

Thanks in advance.

Best regards

[raghvi]

My wife is on L2 with EAD working for company A. Company B had filed her H1B with change of status and it was approved a week back but the approval notice is not in her hand to see if CoS was approved. Now she does not want to join company B & wants to continue with her L2. I hear that her status automatically changes from L2 to H1b from October 1.

A. Does she have to leave US before or on sep 30 & return in October to retain her L2? Or
B. Can she wait till October 1st to see if her status has changed, if changed, leave immediately & return on L2?
C. If she does option B, will her job with company A & EAD become invalid if the status gets changed to H1B since she will be leaving US after October 1 & returning on L2?

I does not have much time. Any help in this regard will help us.

Thanks in advance.

Best regards

A. If it was applied as COS and is approved with new I-94 yes she would automatically move to H1 status from COS start date. So in order to retain her L2 she should leave US prior to her COS date and return on L2 visa after her COS date.
B. How would she know unles she first gets the approval notice in hand? Is the employer not willing to share it?
C. She should not work with A and on EAD post her COS to H1 date.

This is my opinion not legal advice.

[Charlie]

A. If it was applied as COS and is approved with new I-94 yes she would automatically move to H1 status from COS start date. So in order to retain her L2 she should leave US prior to her COS date and return on L2 visa after her COS date.
B. How would she know unles she first gets the approval notice in hand? Is the employer not willing to share it?
C. She should not work with A and on EAD post her COS to H1 date.

This is my opinion not legal advice.

Thanks raghvi.

Now it's clear that H1B was approved from company B with COS. Now company A is filing her H1B transfer tomorrow.
1. Can she continue work for Company A since they have filed for a transfer? or
2. Does she have to leave US on or before Sep 30 & return on or after Oct 1 to be in their payroll?