H4 to H1 COS


I have an H1B Visa petition approved in the 2015 lottery. But do not have an H1B stamping yet in my passport. I am currently in the US on H4 Visa as a dependent to my spouse on long leave from my current organizarion. Since my current organization in India does not have any suitable opportunities.I am planning to resign while in US.I have following queries.

  1. If my current employer provides me the 797 petition document,Is it possible to do the H4 to H1 COS with the help of a consultant along with LCA?

  2. If my current employer does not provide me the 797 document(I have the EAC receipt number). Can I do the COS from H4 to H1 to get a new job