H1B to H4 EAD approved, but few days gap between H4 and EAD valid from dates, and already past

USA H4EAD
1

I was on H1B with valid visa till 6/30/19. I applied for COS to H4 and EAD with a requested start date for 7/1/19, concurrently with my spouse’s H1b extension in premium on 3/6/19.

We received approval notices for all in the mail on 3/16/19, and despite my request for future date for H4 start, I received current dates for both H4 and EAD. Unfortunately, the valid from date for COS to H4 is 3/6/19 while for the EAD is 3/11/19.

I had continued to work on my current H1B job during this period as if I was on H1B from 3/6 to 3/10. But technically, now it appears that from 3/6/19 to 3/10/19, I was on H4 WITHOUT a valid EAD.

Although there was no way for me to have known that during that period. Is that going to count as unauthorized employment?
What would be the best way to proceed?

2

Welcome to the forum @B2019

Your case is a typical issue that we see with H4 COS applications and USCIS’s discretion on start dates.

You were technically on H4 status starting the date mentioned in your approval.

So, yes, it would be counted as violation but it should not pose a problem as you can prove that it was not in your control.

You should be okay if you can now stop working as you are on H4 status.