Thanks HKKri for your updates.
Lawyer Response --- Nov 2nd -----
I called USCIS to follow up again. I was advised that case is not yet "outside the processing time," as VSC is processing petitions submitted 5/22/10, and receipt date for this petition is 5/24/10 (they’ve apparently been stuck on the same day for the last month and a half- very disappointing). I will calendar a reminder to follow up on 11/9/10.
For me also, LABOR took more than an Years with 2 RFEs. (Not big issues)