New Brunswick, NJ Immigration Law Firms & Lawyers

Most H-1B's for companies fall under the H-1B cap in which an applicant must be selected under the capped numbers to be allowed to work under that status. In other words, the H-1B lottery. As your I-140 was approved for more than 180 days, your priority date can be retained for purposes of labor certification or I-140 petition. You will not be able to avoid the need for either another immigrant visa petition or labor certification/immigrant visa petition. The L-1A and EB-1C approval that you have are dependent upon the intracompany relationship of your overseas and US employers. It is difficult for me to see how another employer would be able to file under EB-1C if it does not have a similar relationship with your overseas employer. If you are not referring to EB-1C, but to either EB-1A (extraordinary alien) or EB-1B (outstanding researcher or professor), there is not enough information in your fact situation to comment. If the company to which you are thinking of transferring is not one to which an EB-1 classification would be appropriate or National Interest Waiver (but not to native of China or India), you may wish to delay your plans until next year when you can apply for an H-1B, begin working with the company, and have it begin sponsorship for your green card. Alternatively, the company may begin the green card process for you at this time, but most companies would not do that for an individual who is not already on board.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

It depends on the reason that you didn't attend school under the F-1, and if the USCIS officer is convinced by you that you did not enter the US under false pretenses.