Company A applied for my H-1B transfer in May 2010, and I started working there shortly after (on May 17). I got an RFE in October 2010 asking to reply by 11DEC2010.
My employer screwed up on many points (LCA for a chemist and I'm a biologist, Right to Control and BS degree necessity for the job).
My employer sent the requested evidence on 01DEC2010, but there is a VERY big chance that my H-1B will get denied. They are a temp agency and the job really does not require a BS degree.
At the same time I've been talking to company B and they are getting ready to make me an offer with start date on 03JAN2011. They never asked me about my employment eligibility, but being a university, I'm pretty sure they'll have no problem with having to transfer my H-1B.
The question is, if my transfer to company A (where I've been working for the past 6 months) gets denied, will I still be able to transfer my H-1B to company B? Or will I lose my status?
My lawyer says there should be no problem, but I need some reassurance from people with similar experience.