Legal Question in Immigration Law in India

Refund of H1B filling Fees
I applied for H1B Visa through a consultant by paying a security deposit of $1500 on march 2008. My application got selected in lottery and also got the h1b approval. But the visa is not yet stamped. Because of economic slow down i dont want to put up my carrier in to risk by getting in to US. so i planned to quit from this deal. so i requested the consultant to refund my security deposit and stop/cancel my H1B process. But the consultant says, they have spent $3000 for this and they cant refund any thing and wanted me to pay the remaining amount. And later they agreed for a 50-50 deal saying lets bare 50% each. so according to them i should pay $1500 which i already paid as a security deposit. so i will not be getting any amount back. Here my question. Do they really spend this much amount on me? What is the Fees for H1B filling ? If we request for cancellation wont they refund any amount? Do the consultant really getting lost because of this deal? Please get me some clear picture on this, based on that i can speak to my consultant. Thanks in Advance. Waiting for your valuable suggestion.

Asked on 6/21/09, 7:16 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Refund of H1B filling Fees

You are supposed to honor your commitment. Since you are withdrawing from the contract, you may be held guilty and liable to pay damages for breach.

The H1B filing fee is not refundable by US authorities.

Answered on 6/21/09, 11:28 am

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