can I file for B1/B2 visa to stay in status?

[hokie]

I'm currently staying in US on H1 visa which expires on Jan 01. Another employer was supposed to file H1 extension but their office closed for Christmas vacation and they cannot file earlier than Jan 03. Thus, I will be out of status for a few days. Can I file (myself) a petition for status change to B1 or B2 just to keep my legal status in US until the new employer files the H petition for me early in January? If so, will they be able to change my status back from B to H?

[immihelp]

yes.

yes.

[veena_swsh]

Hi Hokie,
What is important is you have to be on a valid legal status (H1B in your case) on the date of filing of the Change of Status Petition. If you have been out of status (expired I 94) even for a day, then your petition to change status might be refused.