Labor Substitution - EB2 -- URGENT***

[kusp09]

Hi, My employer has a labor that he has agreed to use for me. It was obtained for an employee who had a masters degree and graduated in june 2001. However, I completed my coursework by then but did not apply for graduation till aug 2001. I got my EAD (opt) and a letter from the school saying that I was eligible to graduate after august 2000.
Can I use this labor, Can someone shed some light on this please. I need this information in a hurry and any help is appreciated.

Thanks