Legal Question in Consumer Law in Virginia

H1-B processing Fee

One Reston, VA based Staffing company filed my wife's 2008 H-1B application under new lottery system. H1B cost was $2500, upfront and ''this amount will be reimbursed back after a period of 6 months of active employment''. Company also verbally agreed to return all money, if application won't be selected under lottery.

Unfortunately my wife's application was not selected in lottery and now company is not paying my money back. I don't have any document from company which says this fee will be refundable, if application is not selected. Email communication only says money will refunded on 6 month of active employment. I just have cheque photocopy and email as proof.

Company�s POC is not picking up my phone these days. I am suspecting either I get partial payment or nothing.

Can I file case against this company based on email proof?


Asked on 7/21/08, 9:05 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: H1-B processing Fee

Your option is to sue this company in Fairfax County's Small Claims Court for $2500 plus court costs and bring the email and any other proof which you may have of the oral contract on the day scheduled for trial and then make your case to the judge.

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Answered on 7/22/08, 1:46 pm


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