AC21 and its impact on Derivatives?

[rty1rxu]

Greetings,
Here are the quick facts:
1)I am currently on my h-1b (8th year, got 3 yr extension due to approved I-140 notice)
2)Wife on her own h-1b (6th year)
3)My I-140 has been approved, EAD approved (for me and wife), I-485 (eb3-India) pending - 180 days since filing will be completed on March 1st week
4) Wife's I-140 approved - since my priority date was earlier than hers, she filed for her I-485 as a derivative on my application.

Now, I have a job offer which I plan to accept (invoking AC21) around May 1st week. (will have the new employer file for H-1b transfer - rather than use EAD).

Wife has also got a great offer from a different company -

Q1)What will be the best way for her to transfer to the new job -
a) have the new employer file for H-1b transfer
b) use her EAD

Q2) Does she also need to file for a separate AC21 ?

Q3) Is there any potential red flags that may be raised by both us switching jobs?

Thank you guys very much.
-r
(I apologize for cross posting)

 

[manwithnoname]

Scenario #1: If your wife applied I-485 as your derivative then she can use EAD to work for the new employer. In this case she do not need to invoke AC21, as the principal applicant (yourself) already invoked AC21.

Scenario #2: If your wife filed I-485 independently, then yes she need to invoke AC21.

In both the cases she can use H-1B transfer.

Please read here for the AC21 details.