Lawyer's advice adds confusion?!?!? TN Visa

I thought I had this figured out, but after speaking with a lawyer, I'm worried.

My situation:

I and Canadian and have a Bachelors degree in Commerce, graduated in 2009. I have been working full-time for a digital marketing/media company for the past 20 months. Previous to that, I had been a contractor for them (including while I was in school), for 20 months. I have been offered a job in California by a company in the exact same industry. The company I would be employed by is a digital media consultancy. This company has a client that has subcontracted an entire unit from the consultancy, which is where I would be working. My job will be to help the client launch a new division/subsidiary that will be the marketing channel, and they are hiring me because my exact experience is what they need help with.

My options:

1. Initially, I figured a TN would be fine, applying as a Mgmt Consultant, since I will be employed by a consultancy, I have a degree in business, and my experience is in this exact (and niche) space.
However, after speaking with a lawyer, he said that since I dont have 5 years experience (more like 3.5), that I shouldn't go this route. I've read A LOT of TN/Mgt Consultant posts on this site and elsewhere, and they all seem to say that it's a degree OR 5 years (in addition to a very well defined offer letter), so this has thrown me for a loop.

2. The lawyer recommended applying for a J-1 instead, as a management trainee. The company didn't seem eager to go this route, since they are hiring me for my experience. Would this be a reasonable option?

3. H1-B: This seems like a legitimate option, except that the company needs me to start ASAP, and as I understand it, I can't apply for one until April 1, 2012 now. Does that mean I can't work until that application is approved (eg: 4.5 months from now)?

I apologize for the long post, but any and all advice is greatly appreciated!!!

1. You are fine applying for TN. Lawyers are notoriously weak on TN, since it was designed to be appled for without lawyer. There is no harm trying for TN.
2. Forget J1 unless TN fails.
3. H1-B is closed for FY 2012. the earliest you could work on H1 is OCTOBER 2012.

Thanks AGN!

When you say there is no harm in applying for a TN, what happens if I am rejected? Obviously you mention a J-1 (it seems this may be a last resort), but can I reapply for the TN at a later date?

It was recently suggested I apply under the 'Economist' criteria, as apparently that is how some people in more senior management-type roles get approved. Does that seem plausible (I have 4-5 Economics courses on my transcript, as well a 4-5 finance courses)?

Finally, if this all fails, is there a situation where I could be paid as an independent contractor, based in Canada, and simply enter on a B-1, as long as I come back to Canada every few months?

You are not an economist.

Apply for TN under MC category.
The work woul not qualify as B-1 work.

I think you should go for the job that you think you can and is more in favor for you.

You can visit our site if you need some advice . www . henleylaw . ca