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Messages - sm101

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NC based restaurant seeks online thai national chef to work in uS based restaurant. Thai national agrees to work for rest and accepts offer. They discuss issues such as living arrangements in US. Prospective employer requests chef pay 50% of visa app fees. Chef agrees and send funds during  first 2 months post initial acceptance. prospective employer requests additional money from chef at approx 6 month post acceptance. Chef sends it.

At around 10 months post acceptance restaurant owner ceases respond to all communications/attempts (email and phone) from chef that were amicably previously free flowing  Chef sends a formal request for his USCIS visa applicant case number. This is ignored. Finally after relying on prospective employer chef send a strong letter relaying he does not believe there is a case number as the visa application was never filed.

Prosp employer confirms this, never filed. Chef asks that his money be returned. Restaurant owner says he simply has been busy and the application forms were long and difficult.

Owner claims he spent significant money already on visa related activities but did not hire an attorney or 3rd party company. Owner seems to believe he can justify keeping chefs 600 us dollars.

More strongly worded but polite emails are sent to owner. Next owner agrees to return chefs money but only if thailand based chef can provide him with a pre-addressed (thailand address) US posrage stamped envelope.

Owner also claimes he "never promised" a job to  chef and suddenly says the chefs resume is "suspect" as he had gaps in employment.

Some thoughts; if the initial intention of owner is to obtain a visa for the chef, but he fails to do so or even apply in a timely manner, can retention of money be characterized as fraud?
One would also wonder if perhaps the owner is getting money from multiple chef applicants in this manner.

Any other thoughts perhaps?

Current Law Students / Forum for discussion of law, cases, etc.
« on: January 12, 2012, 08:48:49 PM »
Is there a forum where law students can discuss, debate, offer input or arguments to cases or theoretical cases?


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