First, Thank you all.
From different answers here, I think the most possible (right determination) for EB2 or EB3 is on I140 level based on job description. My published job ad is BA + 5 yrs exp. So I should be in EB2 catalogy. It means my lawyer is right although I confuse her previosu descrition.
Only things I can do now is waiting and praying.
Thanks