Job terminated before H1B renewal after first 3 years

[sweetgal09]

My H1B document expires in April 2012 (this is the first 3 years period) and I just came to know that my job will be terminated at the end of February. I have not applied for a renewal as yet.

1. What happens if I do a change of status to B1 and then find a job after my H1B date expiration date is passed?

2. What happens if I do a change of status to B1 and then find a job before my H1B expiration date is passed?

Will my H1B application be considered against the 2012 cap and have to wait until October 2012 to be able to work again?

or will it be considered as just a normal renewal without being counted against the cap and I can work as soon as I apply for change of status from B1 to H1B?

[pontevecchio]

1.

[pontevecchio]

1. The H1 petition expiry is immaterial. You are entitled to a total of 6 years IN H1 status. Hence if on B2 YOU FIND A SPONSOR they would need to file your H1 petition with COS or for CP.

2. See above.

3. You can work on approval with COS from B2 or after coming back with the visa.