This is not illegal. It's just a different way to obtain a green card faster. By the way, I'm one of those people that's NOT gaming the system if there was any confusion. I've been waiting patiently for 9 years now. I'll have to wait for the foreseeable future or do something about this. Moving to Canada or back to India seems to be the only two options if I don't like waiting.
Are you a lawyer? What he suggested is about as "subversive" as using your 401k to lower your tax bill. The EB1-C program's explicit requirements are to work as a manager abroad, and that's exactly what the person above suggested.
401K is not “gaming the system.” The IRS explicitly treats it specially for the purposes of allowing hardworking seniors to retire in dignity. The immigration law does not make explicit allowances for people to game it. If less people gamed the system, it would be more fair for the rest of us who do things the right way without manipulating.
The original poster suggested applying for a different visa that has a lower wait time for green cards. What precisely about this proposition are you objecting to?