As the title says there is way too many uncertainty around my case and I am not sure how to proceed from here, please review my case facts below and advise:

Case Facts:

1) Currently I am on STEM OPT extension working for my current employer, which will be expired by Jan 2013.
2) I have an approved H1-B petition (I 129) with a start date of October 1st 2012. My current Employer sponsored me.
3) I was arrested for DUI (1st offense not a criminal offense in Wisconsin) in April 2012.
4) I hired an attorney and my DUI case is still pending and I have not been convicted and no result will come before October 1st confirmed by my attorney.


1) Can I go to Canada to get H1-B stamped with my pending DUI case?
2) Will first DUI offense always flag and require a background check? With Experience how much time does that take?
3) Whether this is the possibility, that I go to Canada for H1-B stamping and once they issue a request for background check, will they give my passport back and I can return to US on my F1 as it does not expire until Jan 2013 ? Once they contact me I go back to Canada for further processes?
4) What all documents I need in my case so that I have every little piece of information they will ask in the interview?
5) Or I should go back to India and wait but in that case that will strecth too hard on my current employer and I have a fear of losing the job.

Please help as I am in a state of Limbo.