if a person really is only short of 10 days to qualify AC21 106(a), he should first consider recapture H1 time spend abroad, viable after 2005 AAO ruling. If recapture is not applicable, work with EAD first, or COS and stop work (need to keep good documentation in case needing to respond to work authorization RFE in the future) and later change back to H1B beyond 6 years after qualifying 106a.