EB3 to EB2 with the same employer

[eb3eb2user]

Hi - I work for a company A. My company filed my PERM in August 2008.

Please see my education and experience details below :

1. b.Sc computers ( 3 yrs ) + Master of computer applications ( 3 yrs) from India. I completed my masters in 2001 , but I got the degree certificate in 2003. The master degree says that I completed and passed the exam in 2001.

2. My job stated in PERM requires Bachelors plus five years of experience in computers.

3. I have relevant job experience from 2001 Jan until May end 2006 before joining the company in may 2006.

4. Company filed my I 140 in EB3 category. The lawyer's reasoning is that since my degree certificate was issued in 2003 , they can consider experience only from 2003 to 2006 . They have mentioned the entire experience from 2001 to 2006 on my PERM application. They have also stated that i completed my education in 2003 in labor.

5. I requested my company to do my green card in EB2 category , and they said that they will be filing only my I 140 in EB2 again. My job position is not changing . They say that in the recent past for similar cases , USCIS has shown some flexibility.

I would like to know the below :

a. Does anyone know if the above strategy by my employers will work.
b. Can my experience from 2001 to 2003 be counted towards my experience qualification for filing my I 140.
c. What are the risks in the filing my I 140 again in EB2.

I will really appreciate if someone could please answer my questions.

Thanks.