各位好心人，我08年一月file劳工申请Perm，当就感觉律师不好。
但因为公司出钱，也没有太花心思。到08年4月来了audit,那就等吧，也没有当回事情。
最近问问律师，才知道被否决。(不问还一直被蒙在鼓里).搞的一头雾水。原因是广告没有写明公司地址什么的，不能理解。
背景，US MS毕业，EB-2 Perm，EE工程师，有5+年工作经验。自己和太太倒不怕回国，担心孩子，一个5岁，一个8岁回国不适应。
主要有两个问题。
1。是appeal好，还是重新申请好。
2。这个否决对以后申请有没有影响。
3。这个律师明显犯了好几个错误，(1.audit trigger, 2.招聘广告有问题, 3.不问根本不说) 我该怎么换个律师。要不要把所有的材料都要回来?
4。如果重新申请，原来的材料，(比如别人的推荐信,工作经历证明)还有没有用?
谢谢。下面是律师的信，
I regret to inform you that the Department of Labor denied XXX’s labor certification application. The reason for denial is that the Job Notice posted at the work site did not contain the work site location. No substantive issues were addressed in the denial and there is speculation that DOL is not even reviewing substantive issues.
It is most distressing after all this time for DOL to decide the case on a technicality, which certainly seems to be a harmless error. The notice was posted at the work site location and any questions about the job could be easily addressed by the company since company contact information was provided.
It seems that DOL has targeted this technicality of late and is using it to deny cases, which is inconsistent with past practice. From recent posts on the AILA (American Immigration Lawyers Association) site, a number of attorneys have received similar denials recently.
Options at this point include starting a new labor certification application or appealing. The argument on appeal would be that the technical interpretation of the regulations is inconsistent with common sense, and that denying the case elevates form over substance. Appeals, however, can take 2 years and a new labor certification for the same occupation cannot be filed while an appeal is pending. Frankly, I don’t think an appeal on this basis would be successful. It would be more expedient to start a new labor certification. Since the time consuming work in defining the job requirements and drafting the labor certification has already been done, we could proceed with a prevailing wage request and recruitment ASAP to get a new priority date established.