moving from H1B1 to H1B while staying in the US with current employer

Hi everyone,

I’m new on this site. I’ve been reading all over internet about the H1B thing. I have some questions and I hope some of you could help me. I’ve been working in the US for a bit more than 2 years now, I was 7 months under business class visa “B1/B2” and then I got my H1B1 visa stamped on 2013 with a employer switch in between, I renewed it a couple of months ago for a second term with the same employer and now I’m wondering if I could apply for the traditional H1B next year instead of renew it again. There is a possibility that my actual employer could do the paperwork of this, but if not and if I’m not wrong, I’m going to need to find another employer that want to hire me and sponsor me through the process.

So here come my questions:

  • May I switch from H1B1 to the traditional H1B keeping the same employer?, if so, would be any issue while working under H1B1 in the US during the process?

  • If the switch of employer take place, I know I will have to wait until Oct, 1st 2016 to start the new employment, could anything affect the process of transferring from one employer to another?

  • Should I consider both scenarios as a new visa process with a new case number or would they be what USCIS calls “transfer” and won’t be subject to the yearly cap?

I would appreciate any help you guys could give.

Thank you all.