Change of Visa Status from F1 to H4 while H1 Application is in review.

[f1toh4toh1]

Hi, 
My Employer had file for my H1B Cap application which was picked up in lottery, now awaiting approval. At the time of H1B filing I was on F1 visa since than I had to change my status to H4 due to School Issues. In end April I left US and got my H4 Stamped from India. I want to understand following: 
1) How will change of visa from F1 to H4 affect H1B application. (Original H1 application was of type change of status) 
2) Now because I am on H4 can I apply for EAD or should I wait for H1 approval notice. 
3) In case I receive RFE, my Employer thinks applying for H4 EAD will void H1B application.

Thanks

 

[jairichi]

1. Since you traveled before a decision was taken on your H1B petition the change of status part of H1B petition is considered abandoned. After approval of H1B petition you will not automatically move to H1B from Oct 1st. You will need to exit and enter US with a valid H1B visa and I797 to work for employer.

2. You can apply for EAD if your spouse has an approved I-140.

3. No.