Am I subject to the $100K fee?
Question: I currently have an H-1B visa stamped in my passport that is valid until September 30, 2028, and there are no issues at the moment. If, after three years, I’m still employed by the same employer and haven’t lost my job, will I be subject to the $100K fee when applying for an extension? According to the rule, I shouldn’t be subject to it.
Second question: If I apply for the extension while in the U.S., I will only be obtaining status, not a new visa stamp. When I later travel to my home country for consular processing to get the visa stamped, would I again be subject to the $100K fee? Before that, can I make an extension while in the US or should I go back to my resident country and get a stamp?
Again, based on the rule, I shouldn’t be, since it’s not a new petition.
If anyone knows, your help is greatly appreciated.
Posted Nov 1, 2025, 1:15 PM UTC