Wife's I-485 not filed and changing employer?

[psarkar]

My I-140 is approved and I have the EAD as well (I have been fingerprinted as well). My wife's I-485 could not be filed because of EB3 retrogression. My H1 & my wife's H4 expires in Dec'05.

If I quit my current company [sponsor of my GC] and another company were to sponsor my H1B & my wife's H4 now:
1) Would I be invoking AC21?
2) Would my I-485 be impacted?
3) Would my wife's status be affected in any way, or my ability to file for her I-485 [whenever EB3 retrgression ends]?

Please excuse my ignorance if any of the above is too obvious or I have missed providing some relevant information...

Thanks

 

[ginnu]

My I-140 is approved and I have the EAD as well (I have been fingerprinted as well). My wife's I-485 could not be filed because of EB3 retrogression.
My H1 & my wife's H4 expires in Dec'05.
--------------Remain on H1 status and your wife on H4 till she file her I-485
If I quit my current company [sponsor of my GC] and another company were to sponsor my H1B & my wife's H4
----------------- if you join new employer with H1 trasfer it does not mean you invoke AC21. AC21 is invoked for pending I-485 so that it should be approved for the new job offer of new employer and to invoke AC21 you need to update USCIS. H1 has nothing to do with AC21
now:
1) Would I be invoking AC21?
----------read above
2) Would my I-485 be impacted?
----------- if you are eligible to use AC21 and your I-485 is pending more than 180 days and I-140 approved then you are safe
3) Would my wife's status be affected in any way, or my ability to file for her I-485 [whenever EB3 retrgression ends]?
--------------- you should be on H1 and wife on H4, file her I-485 when PD for you is current her I-485 has nothing to do with AC21 , she will file her I-485 as derivative spouse
Please excuse my ignorance if any of the above is too obvious or I have missed providing some relevant information...

Thanks