H1B transfer if denied can I work for old company while in US

Hi all,

I never traveled to US and last year (2013) I filed my H1B through a US consultancy company and got the visa for 3 year starting 1st Oct 2013, I resigned from my present company which is an Indian IT company and serving notice period, now my present company is willing to transfer my visa and send me to US (I know there is a real opening in US from my present company and this is not just a carrot to retain me in company :slight_smile: )

My question is, If my present company start the visa transfer process (non premium) and ask me to go to US with the filling/petition number and start working there, lets say after few weeks/months for any reason USCIS deny my visa transfer to present company can I immediately move to the US consultancy company who originally filled my visa without leaving US ?

Since I would be employed in US by my present company till the visa is transferred and will have my paystub also from my company, and if visa transfer is denied can I simply go and join that consultancy company while being in US ?

Please help


Can anyone please reply to this ?