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I have paid some amount to an employer last year to apply…

Hello,I have paid some amount...
Hello,I have paid some amount to an employer last year to apply for an H1-B visa for me. They have applied but my application did not get picked in the lottery. According to the word he has given me before applying, he should return my money if the application is not picked in the lottery. But now he is not returning the money and not lifting the call too. Can I sue him for not giving money to me and if yes what are the details needed? Is there any way to get back money from him?Thank you!!
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Answered in 2 hours by:
3/15/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,312
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Did you have a signed contract that stated this agreement? How much money did you give the employer and for what, specifically? There are some fees that by law you are not allowed to pay.

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Customer reply replied 4 months ago
I don't have a signed contract. It is just a word given to me by the employer. I gave him 6000$ to apply for H1-B on my behalf. After I gave the money, he applied for H1-B. I am not sure if I am allowed to pay that money.

You were not allowed to legally pay him most of that money. Take a look at this link:

https://www.uscis.gov/forms/h-and-l-filing-fees-form-i-129-petition-nonimmigrant-worker

So you will have to sue him civilly, but without a written contract, you probably will not win. Did you pay it cash? Is there some receipt that you can prove that you paid him and for what?

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Customer reply replied 4 months ago
Sorry. I am in office right now and I cannot call.
I do have receipts sending him money but that doesn't say the cause. Those are just the receipts of me sending money from my account to his bank account.

Well, what you might be able to do is threaten him that you will report him to ICE for immigration fraud since he is not supposed to collect money from potential employees to file H-1Bs. This will cause him a great problem, not least of which is that he may never be able to apply for an H-1B in the future for anyone. So that might scare him enough to give you your money back.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
Can you please outline the process to report the employer to ICE for immigration fraud. If I have these steps, I can threaten him confidently.

Look at this link:

https://www.ice.gov/webform/hsi-tip-form

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 4 months ago
My next question is if I report this to ICE will it be any problem to me since I shouldn't pay that money legally.
Will it have any effect on me in the future?
Can I justify saying that he approached me for filing H1-B and I am not aware of such scenarios(unknowingly)?

You are just threatening to do it. You may not actually have to do t. But if you do report it, it could cause you problems in the future to get a new status. You can argue that you were not aware, but often, ignorance of the law is not an excuse.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 4 months ago
I will give a call or keep a voicemail and email him tomorrow and see if he responds to the threat.
Is it ok if I get back to you on Monday?

Yes, it is, but I would sincerely ***** ***** you left a 5 star rating for me now. You can come back Monday or any time after that and post here and you are not charged again, as long as it is a reply here on this thread. It never closes.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,312
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you!! I will get back to you after I talk to him.

Sounds good. Thank you for the positive rating. For this topic, just reply here. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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