Facing H1B Visa Costs: How to Handle Resignation and Release Letter Issues?

I want to resign and go for higher studies in Management.

I have 4+ years of total work experience and am currently working with an IT MNC (top company) for 11 months. My H1B visa processing started last December, and the petition was filed on the 1st of April 2013. I resigned on the 18th of April, and then on the 26th of April, the petition acceptance came from the US consulate just after I resigned. The manager and the HR have already accepted my resignation (I have a system-generated email stating the last working day as 31st May 2013).

All other clearances are done except the Immigration clearance, where they are saying that about 4500 USD has been used to file the petition. The HR only communicated that this is going to be a problem as, while filing the nomination, I had checked "I agree" (where it was mentioned that I cannot initiate voluntary release from the project). On the contrary, I have resigned, and they have already accepted it. I have the payslips except for the last month.

What should I do in this case? Please suggest.

I think you do have a problem. Prima facie, there seems to be a systemic failure at your HR end. When your papers are under process for H1-B, how did they accept your resignation? Or, are they bluffing? The figure of approximately US$4,500 is correct - that's the cost of every H1-B approval, including the attorney costs. If your HR is saying that the petition has been accepted for processing, then you should have received the receipt number - have you got it? If not, please ask for it and cross-check the status of the petition online. Here's the link: https://egov.uscis.gov/cris/Dashboard.do

I am surprised HR is pointing to the voluntary release aspect now. There's also another aspect/possibility. Since the H1-B cap for 2013 is already reached, they obviously can't file for another employee - meaning they would lose one slot (presuming they get the approval). Could this be a way of holding you back?

All the best.

Regards,
TS

They have not come up with any probable solution as of today. This happened on Friday. The immigration team has mailed the I-129 form to his senior for clearance on 10th May 2013. Before this, a system-generated email stating the case acceptance was sent to me after my resignation. I want to go for higher education, and I have been accepted into one of the best B-schools. I cannot afford to lose this offer. Please suggest a probable solution for this.