Problem with bad employer

[gpk_reddy]

Hello, I am working company A on L1 visa. One consultancy promised me that they sponsor H1 for me and taken money from me for filing. He told that he applied for H1 on first week of April. Till now he didn't show me the proof that he applied for H1. He said that he got 797 receipt notice but he didn't give me any receipt number. I am asking him for last one month and finally he stopped lifting the phone. I doubted that he not applied for it and he is not giving my money back.
As my L1 I-94 is expiring, I thought to proceed with L1 extn from the company A. I don't want to proceed with the consultant because he is creating problems from initial stage.

1) What if he applied for H1, it got approved and he do not let me know the status of it.(Mean I will not be aware that my status got changed to H1)?

2) If he not applied for H1, how to get back my money?
Appreciate any help in this regard.

[shervin143]

1) What if he applied for H1, it got approved and he do not let me know the status of it.(Mean I will not be aware that my status got changed to H1)?
>>> If the employer has indeed filed for H1B and if it got approved, then your status will change to H1B as of Oct 1st and your employment with the L1 employer will become illegal. If you are not sure, then it is better you leave U.S before Oct 1st and return back in L1 visa after Oct 1st which will put you in L1 status. Or, if your L1 extension gets approved after Oct 1st, you will be in L1 status.

2) If he not applied for H1, how to get back my money?
>>> You cannot. It was illegal at the first place to pay money for H1B. How did you pay the money? Was it through check? If yes, then tell the employer that you will be filing a complaint with DOL and attach a copy of the check.