PERM AUDIT.. Need your Help!!

[vinamd]

My PD Date: 3rd May 2011

Category: EB2

Audit: Yes - Aug 10th 2011 - will reply to the Audit as soon as possible

My 6 Years in US will be completed on Nov 1st 2012

1. Can I apply for EB3 Perm parallelly now as my EB2 got Audit? As EB2 is superior to EB3, can I downgrade my case

from EB2 and file EB3? Will there be any issues with DOL since I am downgrading from EB2 to EB3?

2. Is it Mandatory to respond to EB2 Audit Query before filing EB3 Perm?

3. Will the EB2 Audit impact the EB3 Perm which I am planning to file now?

Any help on the question is highly appreciated.. Thanks for your help!