Submitting an EB1 petition on the way out

Situation:

Indian citizen
I-140 EB2 NIW PD 03/2010
Visa retrogressed
Working on H-1B for 6+ years.
Probably leaving the country in a month for a job in another country (not India).
The job is not permanent (I can leave when I want). Havent decided.

I have a EB1-EA petition almost ready to be submitted.

Since I will be losing my H-1B status in about two weeks, does it matter if I file concurrently? (EB1 PD is current for India at present) The reason to ask is that I have read that one runs a risk of losing H-1B status if the I-485 is rejected.

What else should I keep in mind regarding this?

Immigration Site

National Interest Waiver 1

Other
should I use my EAD (NIW related) NIW Evaluation No photo needed for I-140 ETA750b? wrong po box number Can I use my NIW approval as back up?	Is INS informed of layoff NIW sumiltaneous filling Can NIW DIY quote sentences in refrence letter? NIW GC (I140 Apprv), I am outside US -- Any probs if I plan to enter with H1B1?? Guidelines for Letters of Recommendation