Please share experiences regarding Labor Substitution and I-485

[hanuman_chalisa]

I work for Biggest DB company in Bay Area, CA.
Labor filed for MS + 2 years of experience. At that time I had MS + 3 years!
Filed Original Labor in July 2001 in RIR-EB2 category
Got REJECTED in Dec 2003. According to lawyer this is mistake on DOL's part.

Pushed my HR and Lawyer for Substitution. They finally agreed, BUT
Said that "You cannot file CONCURRENTLY (I-140 and I-485) as, there is a risk. If for any reason my Labor-Substitution/I-140 got rejected, my I-485 would be void and i will have great difficulty getting I-485/GC approved in future."

So, i ended up filing I-140 with Labor Substitution.
I-140 filed with Labor-Substitution on July 14, 2004.

Now company policy has changed and is less conservative, they say i can file for I-485, BUT if for any reason I-140 gets rejected, I will have to bear the cost for subsequent I-485?

Some factors to consider:
1) EB3 category cases will have potential cut-off date in January. Meaning no more current.
Can this happen to EB2?
2) My wife is pregnant and due in February 2005. Some of Medical tests might not be possible.

What are your opinions? Should i wait for my I-140 to get approved or file I-485 right away?


Thanks/Dhanyavad!

[aaa]

better to file

this time did u used eb2 labor or eb3.if it is eb3 better to file I-485 immediately.pregancy is not problem.doctor will take care.

[hanuman_chalisa]

Its EB2 Labor and i have made decision to file I-485 and take the risk.
Trying out my luck to Ride the approval Wave, which seems to be at its peak, right now.

thanks for your response.