L2 EAD to H1B

[desi25001]

I am on an L2 EAD working with an Multi National Bank. I am planning to get my H1B filed with my Employer in the current Fiscal. Since the petition will be approved in US from USCIS just wanted to know if i need to go to India for getting my H1B Visa Stamped or Is it fine that i can change my status to H1 from L2 and still keep on working with my employer.

Regards

[shervin143]

The employer will need to file the H1B as a COS from L2. If the H1B gets appropved as a COS (it should come with a new I-94), then you can work for the employer in H1B status as of the H1B effective date. Visa is only an entry document to U.S. You can get the visa stamped when you leave U.S and want to re-enter in H1B status. If the H1B gets approved for Consular process (No new I-94), then in order to work in H1B status, you need to leave the country, get the H1B stamped and re-enter in H1B visa.