Can I transfer a Green Card application if I am part of a spin-out
from the sponsoring company?

Background - I have an H1B and am applying for a Green Card, using the
RIR (reduction in recruitment) process.  I applied for the Labor
Certificate in January 2004 and expect to get approved maybe January
or February 2006.  I will then apply for the Green card.  I am
considering spinning out my division into a new separte company -
maybe 20 people in the new company - potentially locating it in a
different State of the US.  The spin out is planned for December 2005.
The new company is the same industry as the old but my position could
be slightly different - higher level but in a much smaller company.  I
am a middle aged manager, well educated,
with a foreign wife and kids.

Question - is there a way that I could continue the current Labor Cert
application to get a green card through the spin-out, or would I need
to start all over again (groan)- I'm pretty flexible.

Hi,
Check out this site.  It seems that you can change employers, or
perhaps until you get your green card your present employer could
assign you to the new company.
But I am no expert.

http://uscis.gov/graphics/howdoi/h1b.htm

Good luck, Myoarin

You would need to start all over. Green card applications are not
transferrable. If you can wait, I would suggest that you wait till
2006 and get your GC under your first petition. You won't find a clear
USCIS code addressing your problem. And you will get a different
answer from each INS officer everytime you call and ask them, as this
has been the case with me.

Another option is  to transfer your H1B visa to the new spin out, then
apply again. This won't save you time, but since it is a transfer ,
you won't be subject to the yearly H1B Cap.

You could consult an immigration attorney, but most of them are no
better than yourself. I ended up firing mine, since I can do it better
than the paralegals who are assigned to my case.