H1B with approved I-140, new petition outside USA, $100K fee applicable?

USA H1B
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1

Greetings, Team,

I’m outside USA with an approved I-140, now with the recent Proclamation on one-time fees of $100k for new H1B applicants, should my employer pay $100k while filing the H1B (New petition/transfer) from India?

Please advise.

2

At this time, there should be no fee for your case.

3

Hi Anil
Thank you for your quick response. I see some law firms saying that there is no clarity on the fees are applicable in my case or not. To understand the rule, cap-exempt H1b petitions are exempt from paying $100K fees?