Hi - You should be good. You can file for an year long extension if you dont receive the response from DOL by end of your 6th year. (Dont worry about the 365 days prior thing becuase i myself got an year long earlier when my labor was pending with DOL and was not filed with in 365 days range - Attorney should be competitive to substantiate your case) On the other hand, it is taking 4 months on an average for DOL to respond for audits. File your I-140 in premium and you should be good for another 3yrs or file an year long extension with certified labor and move on. Hope this helps. Good luck :)
Quick question - Do you know how your attorney responded to the question about different place of work?