Cap-Exempt H1 to Non Cap-Exempt H1B.

[vsb.abhishek]

I know that we need to apply a new H1 to change from Cap-exempt to non Cap-exempt. However i heard that there are two ways to do it , and would like to know the Pros and Cons of both:

a. One way is to get the H1 approved with I94 attached to it effective Oct 1^st 2013 and move you status to H1 effective oct 1^st2013. If we do this way you lose your current H1 status as of Oct 1^st and at any cost whether you get into a job or not thro consultancy by oct 1^st you have to come out of the payroll of your H1 company latest by oct 15 th .

b. The other way to go about is to just capture the H1 without I94 in this year quota and get the h1 approval effective oct 1^st2013. But this approved h1 can be validated or put to use only if you go out of the country ( mother country if you had not had h1 before ) and get the H1b visa stamped ( which we do not approve at all or practice ) OR start marketing you around sep month and once you get a confirmed job ( whenever it happens ) and then using that confirmed job ask the USCICS to take back the approved H1 and inform them that this candidate is currently here on H1 status with a valid I94 and ask them to send us the amended H1 with I94 so that the candidate can start working on New H1B status .

It would be great if Anyone can shed some more light on the process 'b', as this would allow be very beneficial to me.

Thanks for the Help.