Didn't quite understand. But didn't feel there's any problem with your case. What your lawyer asks is probably for you to let them know that you got the ead card already. In case your h1b is approved earlier, there'll be a problem. So they want to make sure there's no such problem. Since your case if filed in May, the lawyer should've already got your receipt number. There's no problem at all, you use your EAD card before Oct., and since Oct. 1, your h1b will be effective.