Best Filing Option

[myoptions]

Hi,

 

I need help with deciding best EB1 GC (outstanding researcher) filing option. 

 

My lawyer is recommending I-140 premium processing but I have an additional problem to deal with. 

 

I am currently on STEM OPT extension (not picked up in lottery in first attempt for H1B). On Feb 12th, 2016 this may get invalidated (there is a low chance but with recent developments I am unable to deny the possibility of that happening). It seems the rule will come back but there could be a 3 -4 month gap (i.e. between February and May 2016 ---DHS has given May 10, 2016 as a projected date).

 

In light of these developments my attorney suggested I may be able to buy more time (to be in status) by doing ----Regular concurrent filing i.e. (I-140 and I-485 together). 

 

Filing regular speed will take 4-6 months and con-current filing of 485 will grant me status and EAD card after 90 days (therefore covering me for the period of OPT Stem rule cancellation if that happens at all). But if rule is not cancelled, I am basically signing up for a delayed decision on I-140. 

 

But a delayed decision also helps me one more way i.e. my company could file H1B which comes by October if my application is picked up. 

 

If OPT extension rule is not cancelled or doesn't suffer a gap period then premium processing makes more sense. 

 

My question is which filing option should I pursue to give me best chance to stay in US and maintain status. I do not wish to switch jobs and have no spouse wanting EAD card.)

 

Any help would be most appreciated.