L2 + EAD and H1B

[nancy29]

I'm on L2 + EAD now (valid until 07), my employer is filing the H1B for me but since it has reached its cap this year, I will have to wait until next year. But if I loss my L2 (due to termination of L1), and my employer has filed the H1B for me (but not approved yet due to cap), am I considered out of status?
Thanks.

[nancy29]

I'm on L2 + EAD now (valid until 07), my employer is filing the H1B for me but since it has reached its cap this year, I will have to wait until next year. But if I loss my L2 (due to termination of L1), and my employer has filed the H1B for me (but not approved yet due to cap), am I considered out of status?
Thanks.