Can we Use AVR(Automatic Visa Validation rule) to convert from EAD to H1

Got My EAD/AP on 28 FEB, My H1B expired on 16 April, Apllied Extension and went to India for a vacation. My H1B got approved, When I am in India. But entered using AP. But didn't changed to EAD by filing I-9 form.
Now My I-140 was revoked, I am Planning to appeal.In telephonic conversation, he said that I am out of status, If my I-485 is rejected. He advised me to get Canada tourist visa and use AVR rule on way back to US.
Is it advisable? Did any body used and success by using this Rule.
I am scared Please advise