H1-B approval pending - going to US on B1

[davin]

Hi,
My H1 petition is pending for approval from Employer A and my indian employer
is sending me to US on B1 next month. After i get my H1 approved, My concerns are:
1. Can i join Employer A in US while i am on B1?
2. Will i have to come back to india for H1 stamping?
3. Is there a wait period for H1 visa stamping if i am already on B1?

Also if i do not use H1 approval and do not join Employer A, and if after some
time Employer B files for H1, will that come under H1-cap? (i have heard that
within one year of h1 lapse, new h1 does not come under cap)

TIA,
davin

 

[ginnu]

Hi,
My H1 petition is pending for approval from Employer A and my indian employer
is sending me to US on B1 next month. After i get my H1 approved, My concerns are:
1. Can i join Employer A in US while i am on B1?
----NO, you need to enter with H1Visa stamp and need I-94 with H1 status
2. Will i have to come back to india for H1 stamping?
-YES
3. Is there a wait period for H1 visa stamping if i am already on B1?
----- You should get H1 Visa Stamped day after you recieve H1 Approval and B1/b2 will be cancelled by Consulate
Also if i do not use H1 approval and do not join Employer A, and if after some
time Employer B files for H1, will that come under H1-cap?
---- I dont think H1 by B will not be under CAP if you have been issed H1B in last 6 years, I am not sure check with your lawyer, better option will be to work with A for 2-3 months then get recent pay stubs and can file H1 Transfer through B in US and can join B
(i have heard that
within one year of h1 lapse, new h1 does not come under cap)

TIA,
davin