I 140 Denial in Eb2 can I reapply in Eb3

[dinu10]

My 140 got denial for not having a single source of 4 year degree, I am appeling but I wanted to know if I can reapply in EB3 with the same labour, its almost 2 years I got my labor approved. Please advice. Is there anyone who has did this and what was the result.

[maxi]

from what I know, you have to apply for PERM all over again. They cannot use your labour that was approved for EB2 category. If you have some time left on your H1 or whatever visa you are on now, then you should apply for PERM ASAP. If the PERM was applied more than a year before the expiry of your current visa you can get your visa extended on the basis of a pending PERM.