2nd Resident Labour Market Test

Hi all
Could anyone help me on this one please? I've got a concern here.
I've been refused my leave to remain on Tier 2 general because my new employer did not comply the Code of Practice. I was given Senior Landscape Architect and salary was 33K. But Code of Practice states that is should be at least 36K.
Anyway, the employer is going through Resident Labour Market Test again. They put an advert and etc. But this time, Landscape Architect with 2-5 years experience with 34K (it is based on Code of Practice).
My concern is that it is suspicious and a caseworker could question that a company sponsoring same person in different position means somebody is already lined up before the Labour Market Test.
Because my 28days is running out, is there any chance to get refused again because of that?
Kind regards,