Filling I485 on EB2, but might kicked to EB3! HELP!

[sky7]

Dear all..

Not sure if i post this under Labor Cert forum or I140 forum, feel free to move if this is not the right forum for this post.

After the crazy wait for 3++ yrs, I finally got my labor cert (RIR, PD: 9/24/2002;EB2), but just got an email from my lawyer saying that she is concern about the alternate minimum requirements on the labor cert. Instead of a "Master Degree or 4 yrs exp", the DOL intepreted my job requirements filed as "Master AND 4 yr exp". She is afraid that USCIS might knock my EB2 out and consider me for EB3 instead. I am still having difficulty understanding the whole thing (bcos I thought I have master and 4yrs exp during filling), but assuming the her concern is valid, USCIS might treat my case as EB3 not EB2, the following are my OPTIONS?

Option A
Proceed with concurrent filling of I140 and I485, and hope USCIS will accept my EB2. Assuming life is perfect and everything goes well...and I will get my green card in 6-8 months!?

BUT if they reject and say that's a EB3, then I will have to refile I140 and I485 again, waisted the money invested on I485 filling and medical exams. And even worst, with the current retrogression on EB3, I will have to WAIT FOREVER!!!

Option B
Proceed by filling I140 first, and if USCIS approves my EB2, then only file I485.

With this option, I will have to wait a bit longer (another 6 months more???), but in case they knock me out from EB2 to EB3 during I140 filling, at least I saved myself some money for not starting I485?! But...but, I will still have to deal with the nightmare of WAITING FOREVER under EB3.

Option C
Refile my labor cert for EB2 under PERM, which will cost more $$$ and time (at least another 6 months - ad, filling, and waiting?), but this will make sure I get a labor cert for EB2? And since visa numbers for EB2 is CURRENT, I can file I140 and I485 concurrently and get my GC faster? But my questions are:

1) how strong a case I have for a EB2? (i guess probably the my lawyer would know better?)

2) Will the TOTAL WAIT and PROCESSING TIME significantly longer than OPTION A and B???

3) I've been asking the lawyers for the past 1++ yr (after they started PERM) that if i should withdraw my labor cert filed under RIR, and refile it using PERM, but they were concerned that i might loose my priority date! But see, if I am under EB2 (not sure he knew though), that really wound't matter or hurt my overall waiting time severely (since visa numbers for EB2 was current) if i withdrawn, got a new priority date....etc, right? So if Option C was an option, then I could have taken it last year, instead of considering it now.


Can any expert and experienced pro here help me by providing some suggestions, ideas.....opinions..??? What do you think it's the BEST OPTION here?

Or do i have OTHER OPTIONS?

Sigh....so sick of waiting and waiting!!!

THANK IN ADVANCE for your help

Sky

[GCwaitforever]

"Instead of a "Master Degree or 4 yrs exp", the DOL intepreted my job requirements filed as "Master AND 4 yr exp". She is afraid that USCIS might knock my EB2 out and consider me for EB3 instead. I am still having difficulty understanding the whole thing (bcos I thought I have master and 4yrs exp during filling),"

If you had Masters degree and four years experience at the time of filing, are not you in line with the DOL interpretation of the requirements as Masters and 4yrs experience? This was not very clear to me.

[sky7]

Just got my ETA-750, now i can clarify better:

On Item#14 - State in detail the MINIMUM education, training, and experience for a worker to perform the job duties.....:

EDUCATION
Grad School: 8
High School: 4
College: 6
College Degree Required: Masters
Major Field of Study: Engineering or related

TRAINING:
No. of Yrs: or
No. Mos: (blank)
Type of Training: (blank)

EXPERIENCE
Job Offered/Related Occupation - Number: 4 years to 4 years
Related Occupation: Computer Engineering or related


So I guess my lawyer is afraid because of that "or" clause, it can be intepreted by USCIS that my position can be filled by people with 4 yrs experiences without advance degree. Hence, not qualified as an EB2 category..but merely an EB3.