Refiling 140 with same labor

[rashku4512]

My case.

Labor certification has following details:
H.4 min.req-"Bachelors", H.8 alter combination-"No". H.14-Will accept single degree or any combination of degrees, diplomas or professional credentials determined to be equivalent by a reliable evaluation service as equivalent of a Bachelor's degree.Will accept functional equivalent Bachelor's degree by taking into account and reasonable combination of education,training and experience for the position offered.Will accept any single source degree or combination of degree(s).Will accept 3 or 4 year degree or diploma as equivalent to a U.S. Bachelor's degree.

My qual - 12 + 3 yrs dip + AMIE + 6mths post grad dip.

I140 opted EB3-Professional got denied reason - does not have bachelor's degree. Applied new I140, same labor, opted EB3-Skilled worker.

Will it be approved based upon the above labor choices and H.14 (specific skills or other requirements) language?

 

[BigJoe5]

The Department of Labor merely certifies that the employer tried to find a U.S. worker BEFORE considering a foreign worker.

USCIS determines if the position qualifies for the visa classification and THEN determines IF the foreign job candidate qualifies for that position.

Under INA 203 (b)(3)(A)(i) skilled workers require two years of training or experience that make them capable of performing the job as described in the labor cert.

Labor certs are only valid for 180 days (6 months) from date of issue by DOL until date of filing the I-140 with USCIS.