National Interest Waiver (NIW)

Although the priority date for people born in China with approved EB-2 petitions is currently December 8, 2008, priority dates do fluctuate.  So, it is hard to say how long you will have to wait for your priority date to become current.  You can check for updates regarding your priority date at  this link.

One advantage to applying under EB-2 NIW is that if you have an H-1b visa and your I-140 remains pending for at least 365 days, your employer can extend your H-1B status for one year at a time beyond the normal 6-year maximum in H-1B status. Once your I-140 has been approved, and if your country is still backlogged so you cannot file your I-485, your employer can extend your H-1B status for up to 3 years