I see this question was answered, but mine has a little variation.
I have applied for H4/H4 EAD EOS in Jan 2021. H4 I94 was going to expire on 07/17/2021. Employer filed for H4 to H1b COS in July, 2021. It was approved on 07/15 with I94 start date 07/13/2021(backdated 2 days).
Later in August, I received an RFE asking what to do with H4 EOS application as I recently had a COS. I responded requesting to approve the I539 with an effective date of 10/01/2021, I thought I would have both H4 approval and EAD card in hand by then to continue working.
However, USCIS approved my i539 as an EOS with a start date of 07/18/2021(previous H4 expired on 07/17)
Now, I have 2 approval notices H1b(start date: 07/13/2021) and H4(start date: 07/18/2021). My employer lawyer says, I have to withdraw one of them very soon to continue on the other status.
The lawyers on Avvo, one said I am on H4 status based “last action” rule and another one says “H4 EOS approval has no meaning as I was not on H4 at the time of approval, there is no H4 to extend, and this is an exception to ‘last action’ rule”.
I understand this is a grey area and no clear indication from USCIS. Could you please let me know what status do you think I am on now?
Thanks in advance.