When i ted my labor certificate application, my lawyer told me my case is under EB-3 since my salary was not met the prevailing wages of EB-2. Now, the labor certificate has been approved, the lawyer said it could be advance to EB-2 since i am always eligible for EB-2 since i have a master degree. I am so confused. Please tell me whether EB-3 or EB-2 is determined when you sumbit your labor certificate or at time when you your I-140.