Keeping H1B Visa, I-140 Active/Valid after current Job ends

[KMJS]

I came to know that my current job ends by October 30th , 2015. My I-140 is approved and my H1B visa is valid for another 3 years.

I am trying to find a new job prior to when my current job ends (October 30th , 2015) however, would like to know options if I can I find a new job later (say after a break of 3-6 months)? Can I ask my current employer to ‘not’ revoke my current I-140 even after my job ends and then, can my new employer transfer my H1B or will it has to go through the lottery process? I am not sure if my H1B visa will be active after my current job ends given I will be on H4 (when on a break). What options (if any) do I have to keep my H1B active after my current job ends so I don’t have to go through the lottery process?

Thanks.

[shervin143]

If you cannot find another job before Oct 30th, then you will need to file the COS to H4 before your last date on the job or you will go out of status on H1B. If you haven't completed all 6 years on your H1B CAP, then any new employer can file a COS from H4 to H1B later and once that gets approved, you can begin working for that employer. There is a premium process that will get you the result within 15 days. If you have not used all 6 years in your CAP, then the new employer can file a new CAP exempt petition without the need to use your I-140. If you have already used all 6 years in your H1B CAP, then you will need a copy of a valid I-140 to transfer the H1B to a new employer. In such case, you should ask your current employer to keep the I-140 active until you find a new job. They can revoke their H1B petition which will not impact you.

I came to know that my current job ends by October 30th , 2015. My I-140 is approved and my H1B visa is valid for another 3 years.

I am trying to find a new job prior to when my current job ends (October 30th , 2015) however, would like to know options if I can I find a new job later (say after a break of 3-6 months)? Can I ask my current employer to ‘not’ revoke my current I-140 even after my job ends and then, can my new employer transfer my H1B or will it has to go through the lottery process? I am not sure if my H1B visa will be active after my current job ends given I will be on H4 (when on a break). What options (if any) do I have to keep my H1B active after my current job ends so I don’t have to go through the lottery process?

Thanks.