H1B Extension while Out of Status

[visa atma]

Good Morning Murthy 'et 'al,

I was Employed at the W*** Medical Center from 07/2009-06/2011 on H1B.

This was on a H1B Visa issued from 06/02/2009-06/30/2012 filed by WMC.

Job Title-Resident PGY1-PGY2

I worked as a 1st and 2nd year resident at WMC from 2009-2011.

In 2 years at the WMC(2009-2011), I completed first 2 years of residency.

Contract ended on 06/30/2012.

However, a 3rd year position was not available,to advance to.

I started applying for a job ever since 07/01/2011 and last week WMC has offered me a 2nd year position.

This means that I will repeat my 2nd year and reapply for a 3rd yr position for 2013.

I went back to India b/w 09/2011-04/2012 (within 90 days of my last day at work with my spouse and child).

Our son, was born a month after the job ended at WMC ,here in the US.

So,as soon as he was 6weeks old,we went back to India.

I did not want to stay beyond 90 days after the last day of employment(06/30/2011).

I have been jobless since 07/01/2011 .

I therefore do not have any payslips since the last 10 months.

Now in the US on B1/B2 from 04/27/2012 until 10/27/2012.

Now,WMC(same employer) has offered me a job for another year from 07/01/2012.

Therefore,I dont know if I need to extend my current H1B with the same employer,before it expires on 06/30/2012 or will it be a change of status from B1/2 to H1B?

The residency starts on 07/01/2012.

I have a return flight back to India on 05/31/2012(as I am on a visitor visa) .

Since I now have a job to come back to,I was hoping to go back to India and apply from Inidia with premium processing if need be.

Can you let me know......

1.Am I eligible for an EXTENSION of my previous H1B [or] do I need to apply for a CHANGE of STATUS from current B1/B2 Visitor status -> H1B status?

2.If I am OUT of STATUS since I an Jobless and I need to CHANGE my STATUS,is it better to apply from within the USA or apply for H1B from India?

3.If I need to apply from within the USA will the 30/60 day rule apply?

Can you help me in this matter,please.

Looking forward to hearing from you.

Thank you,

sincerely,

Visa Atma