Would this classify under EB2? and can the labor be substituted?

[gumnam_guy]

Hey Gurus,

I am in the process of substituting a pre-approved labor.

Here is the brief history:

1) Job Ad said "Masters +1/Bachelors +5"
2) Lawyer in LC form mistakenly put "Bachelors" as minimum education required and "2 yrs" for minimum experience required
3) Labor was approved in March 2005. BTW, it was applied in Aug 2004.
4) The person who was the original benificiary of the labor had bachelors (4 yrs) + masters ( 1 & 1/2 yrs)
5) My skills and the benificiary of the original labor's skills match 100%.


Here are the questions I have:
1) During I-140, can we apply in EB2 instead of EB3, based on the initial job advertisement?
2) I have bachelors (4 yrs) + masters (1 yr). For EB GC purposes, am I considered to be a masters degree holder?
3) Do you think I should consult a lawyer. If so, can you suggest me one?

Thanks,
-Gumnam

 

[microdev1]

LC is for EB3 and you cannot apply in EB2 category