H1B transfer - can H4 EAD continue working on 180 day rule?

[kingfisher (Vijay Mallya)]

Current H1B: Feb 2022 to Feb 2025

Wife’s EAD: Expired in Feb 2022
New EAD: Applied in Oct 2021, still pending along with H4 extension (i539)
Her H4/i94 (stamped at border since Canadian citizen): Valid until Feb 2025

Two questions

1. Since she already got a H4 at the border, what will happen to the current pending application?

2. She’s current working using the 180 day grace period. If I switch jobs right now and get a H1B transfer, can she continue working? The new company will file for her EAD again so she’ll have multiple pending applications I suppose.

Thanks!

[Kalpesh_Dalwadi]

@kingfisher

Since she already got a H4 at the border, what will happen to the current pending application?

It may still be approved resulting in two different I-94 #, one issued at the POE by CBP and the other attached to the I-797 approval notice for her H4 extension of status. Though this does not impact her legal status in the US and can be fixed by travelling to Canada/Mexico border and using the I-797 to enter back.

@kingfisher

She’s current working using the 180 day grace period. If I switch jobs right now and get a H1B transfer, can she continue working?

Yes.

@kingfisher

The new company will file for her EAD again so she’ll have multiple pending applications I suppose.

No need to file EAD again. If not done already, just send the I-94 she got from CBP to USCIS with a cover letter and copy of receipt notice of the pending EAD application. That way her EAD can be approved inline with her H4 I-94 (Feb 2025).