Potential denial of I140 due to 5 years exp rule.

[visarules]

This is regarding the 5 years of experience required for EB2 I-140 experience.

1. I started my degree in 1996 and came out of college in 2001 and started working full time since then.

2. I have proof of work experience from 2001 to 2013.

3. My current employer hired me in 2008 on H1 transfer and then re-hired me in 2009 on same H1. I worked for another company for six months and came back to current company while H1-transfer was still processing with the company that I worked for 6 months. But, let's say my current company that is filing my I-140 hired me in 2008.

4. Now, I have 7 years experience before my current employer which is more than 5 years.

but here's the part where there is a problem:

5. Although I came out of college in 2001, I still had papers remaining as backlog. I cleared the required papers to qualify for a degree in 2004 and so my degree says I passed my bachelor's in Engg in 2004. But there was still a cpl of papers that I cleared in 2005 so I have marksheets that have 2005 timestamp.

6. From 2004/2005 to 2008 I am not completing 5 years of experience.

7. My six years of H1-B visa is getting over in Sept 2013.

My current company has approved PERM on EB2 but now we are seeing this problem and it appears my I-140 will be denied when I apply for it, haven't applied yet. I did not know of all these rules that is making all my 12 years of experience null and void and leaving me with less that 5 years of experience that I can show for I-140.

What are my options? Is current employer experience not accountable at all?