Urgent! Labor Cert Question. Pls help!

[CleverBei]

Hi this is my first post here. My employer file a GC peition for me. Today they told me it's been rejected. The reason: my company did not do the recruitment for the whole 6 months. Now the paralegal at my company told me that I have to file the petition all over again. That will take another 5-6 yrs for the whole process. I am desperate right now. the paralegal really screwed things up. And I need advice on how to handle this. My H1 will expire next year Oct.

Is there anyway to get around without filing a new petition?

If there is no other way, should I advise the paralegal to file at another state with less backlog?

[CleverBei]

Hi this is my first post here. My employer file a GC peition for me. Today they told me it's been rejected. The reason: my company did not do the recruitment for the whole 6 months. Now the paralegal at my company told me that I have to file the petition all over again. That will take another 5-6 yrs for the whole process. I am desperate right now. the paralegal really screwed things up. And I need advice on how to handle this. My H1 will expire next year Oct.

Is there anyway to get around without filing a new petition?

If there is no other way, should I advise the paralegal to file at another state with less backlog?

You can withdraw current petition, have your company engage in recruitment process for 6 months, and then again file Reduction-in-Recruitment (RIR) Labor Certification. You will waste 6 months but save years of waiting if applied for regular Labor Certification (that's what your company's paralegal offers you to do).

Better yet, fire him/her, and hire your own immigration attorney. It will cost you, but will likely get job done properly.