Need help... B1 to H1B, Cap exempt question

[Gokhanbas]

Hi.

-I got my H1B last year, October 2013 from Employer A.
-I went back home on Christmas, got my H1B stamped (Valid for 3 years) and came back to US with H1 visa.
-Right after I came back, by the end of January 2014, I was laid off (no projects to work on)
-I left US in March, and came back in April using my B1 VISA that I have previously received. I'm still in the US under B1
-Employer B is putting together an offer for me.

What will be my process at this point? Am I subject to cap exempt? Can they fill for cap exempt while I'm here on B1? Do I need to go home and come back with new petition or can I be transferred from B1 to H1 without going home?

Please help.

[raghvi]

Hi.

-I got my H1B last year, October 2013 from Employer A.
-I went back home on Christmas, got my H1B stamped (Valid for 3 years) and came back to US with H1 visa.
-Right after I came back, by the end of January 2014, I was laid off (no projects to work on)
-I left US in March, and came back in April using my B1 VISA that I have previously received. I'm still in the US under B1
-Employer B is putting together an offer for me.

What will be my process at this point? Am I subject to cap exempt? Can they fill for cap exempt while I'm here on B1? Do I need to go home and come back with new petition or can I be transferred from B1 to H1 without going home?

Please help.

B1/B2 to H1 Change Of Status is technically possible. You would be cap exempt, but USCIS doesn't easily approve a B1/B2 to H1 COS.

Are you on B1 or B2? If on B1 whats the business purpose you are on?

This is my opinion not legal advice.

[Gokhanbas]

B1/B2 to H1 Change Of Status is technically possible. You would be cap exempt, but USCIS doesn't easily approve a B1/B2 to H1 COS.

Are you on B1 or B2? If on B1 whats the business purpose you are on?

This is my opinion not legal advice.

Thank you, I appreciate you responding.

I am on B2. So, apparently, I have to go back home, but I will be cap exempt.
Can they apply and process while I'm here, so that I can take the petition with me, go home and come back with it? Or should the applying process happen while I'm home?

Thank you in advance,