H1 / H4 / H4 EAD concurrent application

I am currently in tge US on an O1 visa, while my spouse is on an O3 visa. My employer is now going to file an H1B petition for me. This would be a new or first H1B for me, not a renewal or transfer. I would like to apply for H4 and H4 EAD for my spouse concurrently with my H1B application. My spouse is eligible for the H4 EAD under the category (c)(26) as I recently got my I-140 approved recently.

I understand, since January 2023, under the Edakunni settlement, USCIS allows H1B dependents to apply for H4 and H4 EAD simultaneously with the H1B (I-129) petition.

Here are my questions:

For the H4 application, my spouse is required to include my H1B approval notice as a supporting document. Since I am also applying for the H1B and do not have an approval yet, how should we handle this?

While filling out the EAD application (Form I-765) for my spouse, it asks to “provide the receipt number of your H-1B spouse’s most recent Form I-797 Notice for Form I-129, Petition for a Nonimmigrant Worker” in item number 27, if the category entered is (c)(26). What should we write here since my H1B petition is still in process and I do not have an approval notice yet?

For you it will be I-129 petition with a change of status from O to H1B. Similarly for your O dependents , it will be a change of status application from O to H4.
Submit all of the above at the same time in one packet and you will be fine. Have your employer’s immigration lawyer handle the submission.

In the additional information section, you can clarify your situation.