Can we transfer cap exempt approved H1B that is withdrawn?

PLEASE HELP! URGENT! Sincerely appreciate immediate reply to my question.

I work on L1 for one of the top most US company (company A) and recently got a H1B approved with COS from a small consultancy (company B) oct 1st 2012. From past one month consultancy i.e company B is trying is place me but couldnt get me offers of my skillset & my expectations. I am supposed to move to company B from OCT 1st ideally.



Now CompanyA itslef is willing to have me still with them and said they will do my H1transfer. But it might take them 10-15 days (lets say oct 15th) to prepare the petition and send to USCIS due to process over head.



I always had a good respect for my consultant company B but as they couldnt get me anything i am going to pursue Company A H1 transfer offer.



Is it ok if i let my consultant know about this transfer that Company A wants to do and let him know that i will payback the amount he spent on my H1b along with some additional amount for sparing his time?



As he will be expecting to meet on oct 1st even if i dont say he will became aware if i dont show up, i just dont want to be a thug but thinking of doing the transfer respectably. Incase if he doesnt take it well and planned to withdraw my H1-B how long will it take for him to do so?



[************MAIN IMPORTANT QUESTION*********]



if so, still can my company A still do a h1 transfer of a withdrawn petition?



As my company A can only send petition by oct 15th and i am not joining consultant B i wont have any paystub for those 15 days(also i will go back to india for that period to avoid any misrepresentation that i am working)  is that fine?



 



 Thanks Again