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Not Giving Release Letter Since H1B Visa Initiation Is In Progress And Costed 5000USD - CiteHR

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

I have 4+ years of total work-ex and Currently working with a IT MNC( top company).. for 11 months... My H1B visa processing had started last December and the petition got filled on the 1st of April 2013. I resigned on 18th of April and then on the 26th of April came the Petition acceptance from the US consulate just after I resigned.. The manager and the HR has already accepted my resignation( I have a system generated mail stating the Last working day as 31st May 2013). All other clearance is 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 on I agree( where it was mentioned that I cannot initiate Voluntary release from Project) On the contrary, I have resigned and they have already accepted it... I have the Payslips except the last month ...What should I do in this case...Please Suggest..

From India, Kolkata
tajsateesh
1641

Hello,
I think you do have a problem.
Prima facie, there seems to be a systemic failure @ 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 approxly 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 GOT the Receipt Number--have you got it? If not, pl ask for it & cross-check the status of the Petition on-line. 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 loose one slot [presuming they get the Approval]. COULD this be a way of holding you back?
All the Best.
Rgds,
TS

From India, Hyderabad
Anonymous
They have not come up with any probable solution as of today. This happened on this Friday. Immigration team has mailed the I129 form mailed to his senior for clearance on 10th May 2013. Before this, a system generated mail stating the case acceptance was sent to me after my resignation. I want to go for higher education and I have got it in one of the best B schools and cannot afford to lose this offer. Please suggest probable solution out of this...
From India, Kolkata
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