There will be a gap between my current empolyment (on H1B, finishing on Dec. 31st) and filing another H1B for next position. Someone suggested me apply B1/B2, and once I have all the paper work for H1B, just reapply for it. Lawyer said that I should write a letter explain the situation and say that H1B->B1 is solely for keeping me an legal status. Therefore, we can relatively apply H1B again. Does anyone know how soon H1B->B1 application will take? More importantly, how safe is this approach?
Another question: If I risk, just file my H1B on early January, with my paystubs from Nov. and Dec. Will BCIS figure out whether I have been laid off or not? (Will my current employer report that?)
Thank you very much!