The H-1 quota cuts down 50% or more applications each year.
In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”
Immigration.Com has received the following question, which I think is important enough to be answered in a format accessible to all the people abroad interested in starting a business in the USA.
Effective February 11, 2014 The Department authorizes a reduction in reciprocity for business and tourist visa categories for Mauritanian visa applicants.
For more information please click on the attachment