HELP! I140 may be denied, can I use H1 transfer after EAD?

my hu*****and's comany sponsored our GC application. He is stilling on H1-B visa. I used EAD to switch job 5 months ago. Previously, I was using H1-B visa.

Now we get notice of intention to denial on I-140. USCIS thinks my hu*****and should be in EB3 instead of EB2. I understand that I am in danger of losing my work status. The lawyer who works on the GC suggested me asking my current employer to sponsor me transfer the old H1-B. I thought the H1-B was dead the moment I used EAD. She said that she helped a client do so to keep his legal work status.

Is she bragging? Should I give it a try at all? What are my options besides leaving the country and come back with H4?

Thanks a lot!