Can I initiate legal action on employer who doesn't want to respond to RFE?

[sprak14]

I am trying to understand if I have an option to sue the employer who decided to withdraw H1-B petition abruptly after RFE.

I was approached by an employer for a senior position which required 10+ years in architecture domain. Since it is very good opportunity, I did apply and got a good offer. The employer filed H1-B transfer petition which happened right around the time when USCIS has announced about premium processing suspension for H1-B transfer. Few days later, USICS issued RFE for the petition. When I checked with immigration firm they indicated RFE was on Speciality Occupation and was very common these days. They did highlight it wasn't a complex requirement. Similarly the employer also indicated that they are working to gather information to respond to RFE. After 15 days since the RFE, employer wrote a email indicating that they will not respond to the RFE and have opted to withdraw the petition even without bothering to respond to RFE. This really came as shocking to me.

If they are not able to justify simple RFE for special occupation, why H1-B candidate was considered for this position?
Knowing H1-B is special category, shouldn't employer be prepared to answer all queries coming USCIS?

[samlynn]

What would be the outcome if you sue them? They wouldn't hire you.
You don't sue them? They don't respond to the RFE and don't hire you.
Save the drama and stay at your current job. The company changed their mind plus what would you even sue them for?

[krypton9591]

I agree with SamLynn, trying to sue a company because they decided not to hire you for whatever reason is incredibly ridiculous and borderline childish. save yourself the time and money and go find something else.