Suing an Employer for fraud in misrepresenting H1B application causing a denial

Asked over 3 years ago - Tampa, FL

Hi, I have a MS in Business Analysis degree from a reputed US university. I started working on F1 OPT with a consultanty that placed me in a reputed company. My employer then filed my H1B, which got denied. After the denial I realised that they had filed my H1B for Market Research Analyst and not as IT Business Analysyt ( which I am by education and profession). Their lawyer also failed to respond to RFE correctly ( ie. proving how my background and job is relevant to the H1B requested).
I was kept blind from all this process. In the end they just said your application got denied and handed my the denial letter. I have no choice now but to go on alternate visa or leave the country.
I am wondering if I could sue my employer for fraud/misrepresentation and claim the damages.

Attorney answers (1)

  1. Nancy Marcia Vizer

    Contributor Level 7

    Answered . The answer to this question will depend on the contract you had with this employer, and possibly on state laws. You should seek out a litigation attorney, rather than an immigration attorney, to help you with this issue. I certainly wish you the best of luck.

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