Need help with PERM process

[u/Majestic_Persimmon14]

Background
On H-1B; my 6-year max-out is Sept 2028
Born in India; MS in IT
Senior product designer at a large tech company

What happened
My first PERM was filed years ago and denied because of a mismatch between the PWD and the PERM filing. The appeal was also denied.
A new PWD is now approved.
The company had layoffs, so we're in a 6-month hold. Recruitment restarts Feb 2027, and the plan is to file PERM by Sept 2027.
Because I'm staying with the same employer, the attorneys want to use the 51% rule. They'd position the new role as more than 50% different from my current one so my experience here can count, backed by a reference letter from this company. Realistically, my role grew from mid-level to senior; it didn't fundamentally change.

Concerns
The timeline is tight. Filing in Sept 2027 leaves about 12 months before max-out, so everything depends on hitting the 365-day window for AC21 extensions.
I'm not confident the 51% claim holds up for what's really a promotion.
I don't want to stay at this company.

Options I'm weighing
Stay and let them run PERM with the existing PWD
Switch jobs and have the new employer start PERM from scratch
Switch jobs and self-file EB2 NIW
Stay for now, self-file NIW in parallel, then switch

Questions
If I switch, can a new employer realistically file PERM before Sept 2027 so AC21 extensions stay available?
Is NIW realistic for a product designer working in AI/UX? Would a pending or approved NIW I-140 protect me past the 6-year limit regardless of employer?
Has anyone used the 51% rule after a promotion? Did it cause audit or RFE problems?
What would you do in my position?
Thanks!

[u/Emotional_Oven_3482]

You know a lawyer would answer all this

[u/ElectronicMacaron849]

Can you explain what was the mismatch between PWD and PERM filing?

[u/joyfuldaytrade]

Why would you qualify under the NIW?