Hi, this is not really an immigration question but I wasn't sure where else to post, so please correct me if Im wrong.
I am currently working in the US (Texas) on an L1B visa with employer A. I was planning to switch to H1B visa through a consultant B. B agreed to file for my H1 if I paid a "fee" of $5250. I was a little desperate cause I had received an RFE on my L1 extension, so went ahead and wrote a check for $5250 in the name of B and signed the offer letter that had my salary and employment details. B said he would first apply for LCA in a week. In the mean time company A decided to file for my H1B since L1 extension might probably get rejected. So I told consultant B to hold back my H1B process (he hadnt filed for H1 at this point) as my current employer A will be filing an H1. So I also requested a refund of the $5250 (or at least $5000).
Now heres the problem, when I first told consultant B about this he gladly told me I need not worry and he would need about 2 weeks to sort things out. So I called him at the end of 2 weeks and now he rarely returns my phone calls. I went to his office after fixing an appointment and he said hes sick and cant make it to the office. During our last brief conversation he was a different person, kind of rude and said some thing along the lies of not being in a position to pay in full or something.
I would like to know what legal action I can take against him, considering the fact that I shouldnt have paid him anything in the first place. For now I would just want to scare him with legalities so I get my money without going to court.
Thanks for reading my case.