You can apply EAD and AP, but not necessarily to use

them. Use EAD will definitely change your status from H1 to AOS. Using AP is not the case, as long as your H1 is still valid and you are still working for the same employer who sponsors the H1. You don't have to use EAD after return. But if you do, you are no longer H1. Basically, your lawyer ruinned your H1 status by telling you to use EAD.