Entry on VWP While Waiting for H1B Approval

Hello,

I have go the following situation:

I am European and a German company wants to hire me for their German office. However, they want to send me over for business trips, on-the job training etc. to their recently opened subsidiary in the Silicon Valley. Later this year, once I have the knowledge and also a Visa, they want me to work in their US office.

So I see two options for that:

1.) I keep on entering the US under the VWP Programm to get some Training and do Business Negotations for the german office. Once I have been 1 year with the company, the could transfer me over on an L-1

2.) They could apply for an H1B on April 1st, which would allow me to start working in their US office from Oct 2013 onwards. That would be the ideal situation. However, the big question here is: would it be problematic if I still entered the US let's say twice for each time 60 days during the application process for the H1b? I still could justify that the reason for entering the US is clearly training, I am still employed and paid by the German office, and would not perform any actual work in the US.

Thanks for your help,
Martin

Your activities may be appropriate for a B-1 Business vis. Once you have worked outside the US for the company for 1 year you may qualify for an L-1 visa. VWP is not a substitute for a proper work visa.

But isn't the VWP valid for the same reasons as the B-1, just for a period less than 90 days?

I saw that on the Website of the US Consulate

"Many travelers seeking to enter the U.S. for business (B-1 visa) or tourism (B-2 visa) for less than 90 days will be eligible to travel to the United States visa free under the Visa Waiver Program (VWP). "

Further, a H1B would be preferred