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Strategy for AOS vs consular processing for EB2 NIW while on single-intent visa?

Hi all. I am in the US on a single-intent non-immigrant status (TN). I'm considering pursuing an EB-2 NIW self-petition, but I want a better picture of the road ahead of me, before I commit and get
a lawyer to start helping with the petition. I was not born in India or China, so EB-2 is current for me.

It looks like the processing time for an EB-2 NIW petition (the I-140 part) could be about a year, and the subsequent processing times for AOS, EAD and AP are also not that different. Given these lengthy processing times, I'm a bit hesitant to pursue AOS. I wouldn't be able to travel until the I-131 is approved, and if my NIW petition is rejected for any reason, I'm afraid that I would not be able to renew my TN, especially if I filed the I-485 concurrently. Meanwhile, my travel (some of which is work-related) would be pretty heavily restricted until AP is approved ~10 months later. So consular processing looks very appealing since I could apparently travel freely while my petition is processed, but I can't find nearly as much information about it online, and it appears that consulates are quite backed up right now as well (looks like they are now scheduling EB interviews from cases documentarily qualified two years ago).

So I have a few questions that I hope someone knowledgeable might be able to help me with.

  1. I have read that merely having a pending or approved I-140 should not be construed by CBP as having immigrant intent when requesting entry or re-entry on TN. Is there any information on how that situation actually plays out? Is that just a theoretical idea, or is there really no issue travelling into the US while the petition is pending?
  2. On form I-140, there is a question that asks whether I will pursue Adjustment of Status or Consular Processing. How much does this question matter....
    1. First in the context of question 1? If I'm questioned about having filed an I-140, and I show a copy of my I-140 saying I intend to pursue consular processing, would a CBP officer be satisfied that I don't have immigrant intent while requesting admission to the US (since I would have to leave to get my visa in the consulate abroad)?
    2. Second, am I bound to the choice indicated there? For example, could I indicate consular processing today on the I-140, and then in a year, after the petition is (let's assume) approved, can I re-evaluate my travel needs, look at the processing times for I-485, I-765 and I-131, and check the waiting times at the consulate abroad, and decide that I want to adjust status in the US rather than wait for an immigrant visa abroad, without having a USCIS officer allege fraud?
  3. Assuming I do pursue consular processing to the end, would there ever be an extended period of time where I would not be able to leave or return to the US? For example, can I continue to re-enter the US on my existing TN status after filing the DS-260, or after the interview at the consulate while awaiting their decision (assuming they don't immediately take my passport to add the visa), for example?
submitted by /u/BeneficialAnimator72
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source https://www.reddit.com/r/immigration/comments/q03qdq/strategy_for_aos_vs_consular_processing_for_eb2/
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