Holding both stamped H1B and B1 visas. How safe is COS?

[guru_dm]

Currently residing in India, I have a stamped B1/B2 visa which is valid through 2021. Also hold a H1B through employer A which is valid till Sep 2016. The stamping was done in Oct 2013, but never got the opportunity to work in the US. Last month, I switched to company B in India who wants me to visit the US on B1 for knowledge transfer. My H1B has not been revoked as company A does not have any intent to do so.

So, on my visit to the US on B1, if I could find a employer who is willing to take over the remaining H1B period,
1. would it be safe to got for a change of status within the US? I read on this forum about the 30-60-90 day rule
2. or would it be safer to exit the US on B1 and then re-enter with I797 of the new employer. I guess the current H1 stamping should be fine

Would really appreciate if I could get more details on these options.

[abhi555]

Currently residing in India, I have a stamped B1/B2 visa which is valid through 2021. Also hold a H1B through employer A which is valid till Sep 2016. The stamping was done in Oct 2013, but never got the opportunity to work in the US. Last month, I switched to company B in India who wants me to visit the US on B1 for knowledge transfer. My H1B has not been revoked as company A does not have any intent to do so.

So, on my visit to the US on B1, if I could find a employer who is willing to take over the remaining H1B period,
1. would it be safe to got for a change of status within the US? I read on this forum about the 30-60-90 day rule
2. or would it be safer to exit the US on B1 and then re-enter with I797 of the new employer. I guess the current H1 stamping should be fine

Would really appreciate if I could get more details on these options.

I have done it. I could not get it done in the first attempt (h1 petition got approved but i-94 was denied), but if your case is represented correctly you can do it.