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Fresh H1B pending filing wish to transfer

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  • Fresh H1B pending filing wish to transfer

    Good day! I hope your doing fine.

    Here is my current status in usa:

    1) My employer (A) file an H1B (regular processing) last December'10 and now the USCIS requesting RFE to them

    2) My employer (B) will also file another H1B this coming April'11.

    3) I came here under H1C and my I-94 was already expired last December'10.

    4) I only allow to stay here under the change of status

    5) I received a denied F1 visa last February 10'11 that was filed last December 13'2010

    6) I have an EB3 petition with approved I-140 and priority date is Aug'06

    Here are the following questions:

    1) Is it still possible for my fresh H1B pending application to be transferred to employer B? If so, how is the process?

    Please take note the following considerations:

    i. I don't have any existing I-94
    ii. if employer B will file another H1-B, this company has to wait until April'11 since H1B visas for 2010 have been exhausted.
    If even if my H1-B visa will be approved under company B, I have to wait until October'11 before I can start working.

    2) Do you have any idea about the "Last Action Rule"? Is it applicable to my case because I already have a denied F1 visa and pending H1-B.