Legal Question in Employment Law in Washington

H4 to H1B visa processing

My wife is on H4. I started her H1B processing with a Consultant who demanded a security assurance of $2750, which i gave.

Now unfortunately in the lottery system her case did not get approved, the consultant wants to retain $1200 which he says he incurred for the attorney Fees and the Educational evaluation.

My point is the security deposit which was kept was just an assurance that the candidate should not leave them and all other H1B processing charges has to be borne by the Consulting Company and not the Employee.

Can i implicate legal restraints on the Consulting Company? If so how..

Will i get into any trouble with this step...

What will be the approx. attorney fees and can all the legal expenses be reclaimed from the opponent?

Your experienced feedback in this case will be greatly appreciated.


Asked on 5/25/07, 1:08 am

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: H4 to H1B visa processing

This is not a labor and employment question, but I'm going to answer it anyway.

First question is to ask if there is a written agreement with the consultant and if so, what does it say?

Second point to raise is that the consultant cannot control what the government does. Assuming the consultant did the work and assuming he or she was operating legally (see below), the consultant is entitled to be paid according to the agreement for work done.

Third issue is, is the consultant an attorney? If not, I encourage you to talk with an immigration attorney about this case. I can't say for sure without knowing all the facts, but if the consultant is not an attorney, but was engaged in unlicensed practice of law, you may have additional recourse. Much depends on the facts of your case, and if you consult an attorney, he or she can help you with the questions at the end of your message, depending on your details.

You might also try reposting this question under the immigation law heading, if lawguru has one.

Read more
Answered on 5/25/07, 8:37 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Washington