I have already worked previously on H1 visa which expired last year in April 2012. Can I travel on B1 visa and then change status to H1 and work with the same employer. I have an open offer from the same employer. If not can my employer file for cap exempt petition as this stage or will I have to wait for next April 2014.
for H1 total number of years you get is 6 years. If you have not utilized those six years then you( employer) can file for CAP exempt H1 petition for you( as your Visa expiry was 2012). You should not come under CAP.
B1 to H1 COS is possible but chances of RFE/ rejection are more. So I feel that your employer should file for H1 while u r in India. get it stamped and come to US. You can do PP if you want it done quickly.
Unless you have valid reasons to enter US on B-1, do not use it. Like mentioned in the above response, have cap-exempt petition filed while you are outside US and then enter US.