Eb1 related query

[sam1977]

Dear Sir,

I am currently working in USA since 7 years (2 years on old H1b and 5 years on new H1b) and applied for GC in eb2 category. I already got I-140 approved from my current employer. There is another opportunity coming my way. The new company wants to open a branch in California and they want to hire me as a director for that branch, the company has offices in Washington state and China. They do not have H1B as of now. I will be the first one if I take the offer. I have following question for the above scenario.

1) Can I transfer my H1b to the new company as this will be the first H1B for that company (my current H1b visa is valid till August 2011)
2) Can I transfer my GC from current employer to the new company.
3) As I am getting the position of director can I apply GC with new company in EB1 category ( I have around 12 years of IT experience).

Thanks,

 

[GC-Hopes]

1. No. Since you are in your 7th year on a H1B visa, you can only renew this visa on a yearly basis provided you have an approved I-140 (and waiting for a visa number). I assume your GC was filed by your employer in a category that requires employer sponsorship. If your approved 140 petition is tied to your current employer, then you may have to start over again with the new employer.
2. No, unless your 140 approval was on an NIW application.
3. You can apply.

I'm not a lawyer, so you may want to consult one.