Shall I file H4ead before the h1 filling date - currently f1 opt

[Harry-f1]

I am currently on F1 opt which is expiring on 01 june 2018, my spouse has approved i140,  I am thinking shall i apply for h4ead right now because it is still available or not, my h1b petition will be filed by my employer, will there be any legal issues in this case ? would my h1b petition have to be modified based on if I am in f1 or h4 status at that moment of time ?

[satya2k1]

If you are planning to apply for H4-EAD, I suggest do it ASAP.  the new CFR ruling will be published on any day.  It takes at least 90 to 120 days to get H4-EAD approved.  You can have H4-EAD starting day from June, 2018.  You will file request as a COS from F1 to H4.

If you like to be on H1B, at the timing of filing your employer have to file as COS from F1 to H1.