Got an RFE for the H1B extension, and the project ended, changed the status to B2, and left the USA, as I didn’t get the project.
Now, if I file H1B from India (with an approved I-140), does my employer have to pay the $100k USD, or not required?
Do they refer to the earlier RFE points?
Since we will be filing from India, would this be considered a new H-1B petition? According to the USCIS communication, all new petitions filed on or after September 21st are required to pay the $100k fee, but the criteria and applicability have not been clearly explained.
Since we have approved I-140, are there any exceptions that you are aware of?
Can you please let me know.
Appreciate all your time.