H1 to B1 Stamped on Passport,can I enter on B1 and then change to H1


I have B1 and H1 stamped on my passport and currently I am in India.My H1B is stamped through and employer "X" and is unable to send me to US because of non-availability of projects.
Now I have got another offer from company "Y" from US who is ready to transfer my H1 and get me in US but what they are saying is that I need to enter US first on B1 and then they will file for a transfer/status change the very next day to H1. I am not sure how much legal is this ? Also he said that I need not to go back for re-stamoing or getting a new I-94.
Can someone please help me here and let me know is this process fine or not.


This can be treated as misuse of B-1 visa.

The correct process is that they file cap-exempt petition for you now and once approved you travel using that petition and old visa stamp (if it has not expired). Once you land in US, you will have to work for them from day 1 and get paid as per the LCA.