I had applied for my friend (resident of singapore) for h 1 visa through optima resources (reliable associates) a company in edison, nj in 2006.
In order to employ him, they were supposed to file for h1 in this year 2006. Since i am already in us, i paid the fees of $2200 upfront when sending the papers to the company (check already encashed) and $800 (after a week. Check encashed as well). As per the company, once my friend's case was assigned an eac no. (case no.) we were supposed to pay another $1400 as security deposit (not paid). I have photo copies of the checks and also the bank
statement where it shows they were encashed.
Since in the year in may the quota for h1 visas got over earlier, my friend's file came back without any eac no. As we had earlier discussed with this company if there was a rejection, we were supposed to get a full refund of $3000 (excluding administrative expenses, courier charges etc). After contacting the company they said that we will keep the $2200 and refund the $800. This $2200 will be used in the next year's filing whenever the quota opens in april.
Case: now, our concern is that it was implied that the company optima resources was supposed to file for h1 for only the year 2006. There was no verbal / written communication from either side nor any approval from our side saying that if the papers get rejected / not approved by uscis, the case will be carried over to the next year or optima resources will keep the $2200. This even doesn't exist in any forms filled out during the application. It was neither verbal nor written. My friend didn't want to go ahead with the filing for next year. So i asked for the refund. They said that they have already spent a lot of money on attorney fees, courier, administration etc..
They also added that we are not the only ones whose money is with them. They have more 30 odd candidates (whose h1 got rejected / not approved due to over filling of the quota) whose money is with them.
Upon demanding the refund of the money, optima resources said that we can pay you $800 only as the rest ($2200) have already been spent on attorney fees, the said amount will be used next time when we file for him (april). On occassions the company said that the money is safe with them. I reverted saying that attorney hasn't even filed a case. It has been rejected by uscis. So where does the attorney come into the picture for his full fees?
Now, i have already received the $800.
My question is: whether a case can be filed against this company for a fraud? If it is filed, what are the chances of getting back the money from them?
Also, on lot of website forums, i have read quite a lot of comments about this company defrauding other candidates.
Your suggestions / remarks in this regard will be highly appreciated and will help us go against this defrauding firm.
Thanking you in advance.
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