L2 visa query

[himan1981]

Hi All
i am working in US on L1, and next year Feb getting married.
after that my wife will apply for L2.and come to US on L2.

1.is it possible that she can apply for H1 also?
2. as she will be applying L2 in Feb end and H1 in april through consultant. will it be a problem?
3. she will be coming here by april 1st week, and and the same time her H1 will be filed there, if she get through, will the status change from L2 to H1 here in US or she has to go for stamping?

Thanks in advance for the help.

 

[snugjoint]

1. Yes, as long as she has an employer who sponsors her H-1B. You seem to be aware of this, but please note that this year's H-1B quota has reached. All going well, the earliest she can start working in H-1B status is October 1, 2008.
2. I don't see any problem if she enters the U.S. in L-2 and changes status to H-1B later. But why H-1B? She can work for the same employer in L-2 (plus an EAD) as long as you maintain your L-1 status.
3. If she changes status in the U.S. she doesn't have to go for stamping to start working for the H-1B employer. If the H-1B petition is filed without a request to change status, she needs to go for stamping first before starting to work. Then again, why bother H-1B? She doesn't need it as long as she has an EAD, and her employment won't be restricted as it will be under H-1B.