How to take action against a consultancy for not providing H1B?

I applied for CRA position through the consultancy in feb, 2012. But dint file my petition in 2012. I waited for one year as they said they will file in 2013. They said they filed on 1st, April,2013. But till now I have neither received EAC number nor my returned package. the consultancy says that they haven’t heard anything from the USCIS yet. The even said that we can file within this year again in october, 2013 for the fiscal year 2014 itself. So, I asked them for the evidence as to where the announcement has been made. But haven’t heard from them from the past one week. After reading this case situation, what do you think I can do further? How do I take legal action on this consultancy? How can I take this to the notice of USCIS? Please Help…

Have you paid this guy any money? - Do you have receipts?

Yes I did pay. I paid 2.5Lacs in the year 2012. I have the payment receipt, employment agreement, offer letter and LCA. And they said once I get the rest of the processing done, I will have to pay more 2Lacs.

Sad to hear it! You are not supposed to pay for H1B Visa, I know many of them do it.

If u r in India, Tell him that you will lodge a police complaint if you do not return the money!

If in US lodge a DOL complaint
I hope the consultancy is not Maark overeseas!

Thank alot for your concern. I’m from India. And its not Maark Overseas. I have told the consultancy that I will lodge a police complaint. But I would like to take it to DOL as well. As I have LCA valid till 2014, are there any chances that I can complaint to the DOL. Unless, I take a severe step, thet wouldn’t be taught a lesson. So, I would like to know how to approach DOL, if ever I have to lodge a complaint?

Yes Actually filing a DOL complaint is pretty easy. Go to

Steps are given there. It woud be better if you do that. Say that the employer is illegally getting money for H1B and fooling the people.

That’s great. Thanks a lot for your valuable information.