Laid off on H1B with approved I-140 after 180 days, while waiting for priority date to become current, options please

shevas

Registered Users (C)
Hi All,

I would really appreciate some input while I try to navigate this really difficult time. I am an Indian born Canadian citizen and was laid off from an American company after 18 year, with my last day being August 2 so my grace period of 60 days ends on October 1. The employer had filed for my green card and my I-140 was approved back in 2016 with a priority date of January 2016.
What are my best options? I am looking for another job who can transfer my H1B but I want to be realistic and practical. Moving out of the country would mean disrupting the family, pulling my kid out of school, selling my house, etc. The company lawyers shared that my best option is to change status to a B visa as post-Covid the B-visa allows you 6 months to find for a job. The company legal counsel seemed to say that if I switched to a B visa, and find a job within the 6 months, then the new employer could file my H1 without having to go through the quota and lottery. They said having an approved I-140 beyond 180 days allows to file or maybe extend the H1 without going through the lottery process. If I couldn't find a new employer within 6 months, they said go back to Canada, keep looking for a job and then have the employer transfer/extend my H1. Is that possible?

I have always worked for an end user company, but is transferring my H1 to a boutique consulting company as option? Or a better option? Am I missing other options? This has been extremely stressful for me to navigate and I appreciate any and all feedback, thoughts or ideas.
 
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