Clarification on Applicability of $100,000 USCIS Payment to My H-1B Amendment

Hello,

I’d like to share my case details clearly and request your guidance on whether the recently discussed $100,000 USCIS payment applies to my situation.

Case details:

First H-1B approved and visa issued in 2022

Resided and worked in the US from March 2022 to December 2024 in valid H-1B status

Current I-797 valid until September 2026

Visa stamp expired; currently in India

Employer remains the same

Client and work location will change

Filing planned as an H-1B amendment with new LCA

No change in job role or employer

Travel planned only after amendment approval and visa stamping

Given that I have previously held H-1B status and already worked in the US, my understanding from USCIS guidance is that my filing would be treated as an amendment/continuation of an existing H-1B, not a new H-1B petition.

Could you please confirm whether the $100,000 payment would apply in this scenario, and if so, under which specific USCIS regulation?

Thank you,

If you are outside of America, you are automatically subject to the 100K Fee. It does not matter about your past US history. Read more at https://redbus2us.com/h1b-visa-100k-fee-clarification-by-uscis/

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