L2 questions

[ponty]

What is the name of your state? CA

My spouse is in L2 and currently working for a govt organization. I got my H1 (previously L1) approved with COS from Oct 1st 2007, and I came to know that she cannot continue to work anymore from October. What I'd like to know is are there any options whereby she can continue here job with her employer? Is there anything the employer can do on her behalf to retain her as an employee? Pls advise.

 

[ponty]

can someone pls help me by answering my above question?

 

[ponty]

Hi Lana,

Could you pls answer my question?

 

[ImmigAttyLana]

She cannot work lawfully because she is no longer in L-2 status once you are in valid H-1B status. The only way she can continue to work is if her employer petitions her for a H-1B in her own right and gets that approved. As you know, there is an annual H-1B quota for the H-1B which has already been filled for the 2008 fiscal year so unless her employer is cap-exempt, she will not be able to continue working for that employer (in fact, after 10/1/07, she is out of status unless she changes status to H-4 as your dependent and if she continues working, she is doing so unlawfully and this can have serious negative consequences on her immigration status.