Layoff on H1B with I-140 approved---Moving to Canada permanently

[Rahul Sharma]

I'm on H1B visa with an approved I-140.My H1B visa is valid until 1/1/2019.I'm also a Canadian permanent resident. I just got 2 week layoff notice,my last day at work is 7/4/2016.I've decided that both me and my wife will move to Canada permanently by 7/25/2016:
(1) In order to avoid unlawful presence beyond 7/4/2016,I would like to apply for visitor visa for both me and my wife so that we can take care of the formalities and logistics here in peace before we move to Canada permanently. But since my I-140 is approved, will USCIS approve B1/B2 visitor visa for me and my wife? When should I apply for it and how long will it take to get approved?
(2) If I can't apply for visitor visa, what are the other options that'll allow me to stay legally in USA before I move to Canada permanently?

[mechytechy]

Rahul,

I was in a similar situation few years ago and here is my experience
1. you can apply for b1/b2 visit visa but not while in US on H1B
2. I left the country and applied for B1/B2 saying that I need time to move out and got 10 years immediately
3. My I140 is still active and I can move back to US anytime on H1B
4. i can apply and get H1B since I have approved I140


Hope this helps