1. I came to the US for Company A in 2011 on L1B visa with my wife and son on L2 visa.
2. Wife got an EAD based on her L2 status. Validity from 24 Feb 2012 to 6 Jan 2014. Currently working on the same.
3. Wife got her H1B applied this year on 1st of April, 2013 and it got approved on 23rd of May 2013. H1B starting from Oct 1st, 2013.
4. Company B applied for my COS from L1 to H1B(non-cap using my old H1B cap number) on 3rd of April, 2013 along with my dependent’s H4. It got approved on 9th of July, 2013.My wife's employer sent an email that his attorney confirmed that she can work on EAD till Oct and from Oct 1st, she can be on H1B and that we don't need to do anything. But it does not sound right because I am no more on L1B then how can my wife use an EAD issued on a L2 till Oct ? Also my H1B(non-CAP immediate COS) and her H4(COS immediate) was approved after my wife's H1B(CAP COS starting 1st of Oct) approval. Hence wouldn't the Last Action Rule apply due to which she will have to get an COS(H4 to H1B non-CAP) applied again?