Going outside US with 2 months left. Planning to return

[Salm]

I am in 7th year of H1. I-140 was approved and H1 was valid upto 2 more months but lost job.
Now planning to go back as no company would be willing to hire for 2 months only (and H1 renewal not possible)

I know that I have to stay outside for at least a year, find another company, and then apply for new H1 subject to cap.

My question is: can I make use of the 2 remaining months on this H1 to somehow avoid the H1 cap?

If I stay outside for 1 year then I will be eligible for new H1. But if I come based on the remaining 2 months of H1 then I can avoid the cap. And while I work in the company, it may apply for new H1.
Is something like this possible?

[shervin143]

Do you have a copy of your I-140 approval notice. If yes, then any employer can file a new H1B petition using the CAP from the current approval notice and a copy of your I-140 to get another 3 years on H1B. This is assuming the I-140 remains valid as of the date of H1B transfer. Is that something that you can talk to your employer? Consult a good immigration attorney and they will be able to guide you properly. There are some very good attorneys who specializes in U.S immigration who will charge about $250 to $300 for 1/2 hour to answer your questions. It is worth spending that money to get your questions cleared rather than assuming something.