Legal Question in Administrative Law in India

Case Status Pending

Hi

Last three years back, i had an agreement with one company which will provide me the H1B for US. And for this they have taken $3000 from me as Processing Fee for H1B. And due to some processing problem it is still pending with USCIS office. Now can i ask them for the refund of money from the company with which i had an agreement. Or what i can do, as they are not returing the money even after so many requested. I have the agreement copy in which they mentioned that in case they will be failed to provide visa they will return the complete amount. Which they are not doing and even not giving me any reply on this other then delaying my case.


Asked on 3/25/09, 3:23 am

3 Answers from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Case Status Pending

You should file a complaint in the District Consumer Forum.

M C Gupta

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Answered on 3/25/09, 5:55 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Case Status Pending

Hello.

GOOD EVENING!

I would advise you to file a complaint in the Consumer Forum of your District.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

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Answered on 3/25/09, 7:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Case Status Pending

Your facts are clear. It appears that you had paid the visa processing fee to a company in USA.

The H1B visa is to be sponsored by employer and usually it is the lawyer who has to engage an immigration attorney for visa processing.

It may be necessary to peruse the agreement you have for determining your right of recovery. Such an agreement may not be even legal. Possibility of filing a criminal claim of fraud/cheating against the said company may also be examined.

If the company is approved by USCIS, you may also consider making a complaint to the authorities.

You should be aware that there is a quota for H1B visa which expire each year. Therefore, you may need to explain the reasons for waiting for three years?

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Answered on 3/25/09, 7:45 am


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