EB3 I140 rejected due to 12 + 3 education only (BCom)


Following are the details of my CASE - 

- My GC was filed (EB3 category), but my I-140 was Rejected on the basis of not having 12+4 Education. as per my labor requirements.(Note: I have a "Bachelor of commerce" degree and also an Advanced Diploma in Systems Management from NIIT.)

- An Appeal has been filed by giving detailed Educational Evaluation, but the Attorney thinks, it is still a risk and I should have a backup GC process started from another company.

- Their Attorney also mentioned that if they had filed it under - "Skilled Worker" instead of "Professional", I might not have had a problem as then it would be based on my Experience and NOT on Education only. (Note: I have 12 years of experience in IT as a Developer (6 years in India and 6 years in the US).

- My H1 extension was filed based on the Appeal and is expiring next year on 10th March 2013.



- Can we re-file my existing GC by changing to "Skilled Worker" category OR do I need to file a new Labor? Please advice.