My consultancy had sent my documentaion to uscis and it reached on june 12th 2012…
so i am out of the cap but he was telling me there is a 50-50 chances can i count on him???
Next Q is now after oaying 5500 to him initally he told if the cap is closed he will deduct the lawyer fee 700 and refund me back…but now he is telling me that i bought the client letter for 2500 so i have to deduct that and will give it to you if USCIS will send back the documentation…
Can you help me out with this… what should i do now?
USCIS had clearly mentioned in their press release that petitions received after 11th June will be rejected.
Excerpt from USCIS press release:
USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.
[](http://www.uscis.gov/h-1b_count)
So, I think your consultant is making a false statement that there is a 50-50 chance.
As per rules, the petitioner (your consultant) has to bear the H1B filing fees and not the beneficiary (you). They can charge you only for Premium Processing fees (if applicable) and other expenses like attorney fee. First of all, you shouldn't have paid this amount to the consultant. Now, they should pay you back with full amount, deducting the attorney fee only. But I am not sure how you can get that amount without any legal steps.
Thanks,
Sujith