I had H1B from 2018–2021 (2.5 yrs), left the US, and am now job hunting. A new employer can file cap‑exempt for my remaining time. But since I’m currently abroad with no valid H1B, does the $100k fee still apply despite being cap‑exempt? Or is cap‑exempt status an exception?

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It will apply if you are outside US and going through consular processing which looks like in your case.

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I dont think so , since you initial h1b was already approved. In a way, it will just be a h1b transfer when you get a new job in the US.

Always confirm with a lawyer.

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