Can i use my old labour to file new EB3 application


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In Dec 2010, My employer filed my GC Labour and got approval in 10 days.

After that, In early 2012 my employer filed my I140 in EB2 processing. It took about 8 months and got RFE to submit additional paperwork and finally got denial notice in Feb 2012 because of my educational qualifications. [My Educational qualifications is B.Sc from INDIA and some diploma certificate. + 9 Yrs IT experience ].

Now, I have completed my masters from one of the private univ in India (2010 - 2012). I have evaluated my educational qualifications from AACRAO. They gave the report as "Equivalent to Bachelors Degree in USA".

My Question is:

Since, My I140 got rejected and my labour is based on old educational qualification. Can i apply for fresh 1140 Application in EB3 and use the same labour ?. Since I am been with the same employer from 2010.

Appreciate your feedback/suggestions in this regard.


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