Urgent - Options to Suit Employer - Please help

[getyats007]

Hi,

Here is the case scenario..I have this employer from California who has taken a securiy deposit from me for applying for H1B. He gave me the application number(which I doubt is true) & the application has an RFE.
Meanwhile, his website goes down & he says that his company is closing down & that once the RFE is approved(he says he has responded to it) I can transfer the Visa to another employer.

In all this , I'm sure he would not return my "security" deposit as he had claimed, since I would guess that he would be filing for bankruptcy for his company soon. I need to take action at the earliest. Need to know 2 things :

1. Does the Small Claims Court (in NY) accept cases against the employer who is based out of California? Or Do I have to file a case only in California Small Claims court? (Pls note ..my amount due from him is less than $5000).

2. If I suit him & if the RFE is responded to & is approved(as he says already responded), would he be able to create problems in my Visa stamping/application? I'm aware that the documents would be sent by the USCIC only to him. What would you suggest me to do on this?

Thanks a lot for all your help !

[txh1b]

Paying for H1b in any form is illegal.

1. It has to be in California.

2. You don't suit him, you sue him. What does law suit have anything to do with the visa?

Furthermore, if you even win, it is up to you on how you will collect the judgement. If he enters banruptcy, you are out of luck.

Moral: Never pay for the shady H1b sponsors.