Legal Question in Education Law in New York
H1B Processing Fee Refund
I paid H1 processing fee of $4465 to a consultant in US and my application was selected. But due to some unavoidable circumstances I planned to cancel my application ad spoke to them but they say that they cannot refund any amount.
When I spoke to them for the first time about the process told that they would deduct $500-$700 in case any thing goes unusual.
Now they say that they cannot pay anything and gives the payment details which they have expended as follows:
Processing fee & other consultation fees $200
Education evaluation $1000
INS fee for filing H1B1 (for this nothing has been mentioned in the receipt they gave me but now they say that it is $3000)
I am ready to forgive $500-700 but not the entire amount.
2 Answers from Attorneys
Re: H1B Processing Fee Refund
Your facts are incomplete.
We may need to know the method of payment and the document which was executed containing terms and conditions of payment.
Since they have performed their part of the contract and you backed out, it is very unlikely that you may get any refund unless they have given you in writing.
Thus your remedy will depend upon your documents.
Re: H1B Processing Fee Refund
Unless you contract is inspected, no gainful decision can be made. Prima facie you canelled the agreement on part after its performance, therefore refund of money is unlike, rest on facts, if you could provide.
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