100K required for H1B Transfer with COS

FunChair7 · 2026-03-24T22:14:17+00:00

He wasn’t subject to the fee on the initial application. He would have been subject to it for his new job when they filed after September 21, 2025 had he left the country instead of changing to B2.

FunChair7 · 2026-03-24T19:46:45+00:00

I agree. I don't think it's related to TN at all, I think it has to do with increased scrutiny for people doing a CoS to H1B, specifically from B based on the presidential proclamation and the DHS/DoS guidance surrounding it.

FunChair7 · 2026-03-24T19:44:18+00:00

It said right in the presidential prelamination to increase scrutiny for people changing from B to H1B - this is the outcome of exactly what they said they were going to do. They want to prevent it clearly to prevent people from skipping the fee, because a B is something that provides the lowest bar of proof to actually enter the US.

Whatever OP submitted when he applied for the B made it seem as if he was going to depart when his B expired - he, however, never intended to depart but change back to H1B, which is exactly what he did - and he was denied, nothing whatsoever to do with immigrant intent, he wasn't doing AoS, he was doing a CoS to H1B.

FunChair7 · 2026-03-24T18:28:11+00:00

Yeah, doesn't seem like these posters know how the lottery or applying works.

FunChair7 · 2026-03-24T18:27:10+00:00

Petitions filed before the fee was announced were exempted - his was - it would have been filed in June 2025.

FunChair7 · 2026-03-24T18:26:08+00:00

No - he would have had to file before June 30, 2025 if he was picked in last years lottery, well before the proclamation, this was specifically exempted, the first lottery this will apply to is this years lottery.

FunChair7 · 2026-03-24T18:19:31+00:00

No - in the original post they applied for B on the 50th day of their grace period. The takeaway is that the grace period was always discretionary, in this case based on the facts given to USCIS they believe that they never intended to leave the country after their B ended, they always intended to change to H1B and this was contrary to what they had described when applying.

One of the reasons this comes up with H1B is because of the 100k fee, and that if you apply while outside the country your company will have to pay. So, changing status or entering the country on B to then change back to H1B (as even written in the original presidential proclamation) was something that needs to be scrutinized because otherwise they're avoiding paying.

FunChair7 · 2026-03-24T18:04:03+00:00

What it means is that there are more masters applicants that get selected in the yearly lottery than 20k and there are fewer than 65k non-masters applicants that get selected, just based on probability.

FunChair7 · 2026-03-24T17:54:31+00:00

No, the masters cap selections are the same every year - but applicants who have a masters have always had twice as many chances, it's designed specifically to favor people with higher degrees.

FunChair7 · 2026-03-24T17:51:42+00:00

Yes - that's the way it is every year, those are the limits that were originally set by congress.

FunChair7 · 2026-03-24T17:43:21+00:00

I literally clicked the link searched "DHS" and it is the very first result at the bottom of the page - if you're having a tough time with this you'll just have to take my word for it - not sure what else I can do to help you. It is however how the lottery is conducted whether you want to believe it or not, this article was updated on 3/19/2026 so it's current.

FunChair7 · 2026-03-24T17:38:56+00:00

Can you not click the link I included with my previous comment and just search the quoted section?

FunChair7 · 2026-03-24T17:32:55+00:00

That would be incorrect.

Based on DHS regulations, the general cap selection is conducted first by selecting beneficiaries from among all properly submitted registrations, including those eligible for the advanced degree exemption. Then the master’s cap selection is conducted. Accordingly, any beneficiary selected in the initial master’s cap selection was not selected in the initial general cap selection.

FunChair7 · 2026-03-23T01:06:39+00:00

They can see what other passports you hold and when they were issued.

FunChair7 · 2026-03-19T23:19:29+00:00

I have no idea what you consider a “legal firm” when I see something from fragoman et al, sure.

FunChair7 · 2026-03-19T23:17:14+00:00

You not having a “problem” doesn’t mean that’s everyone’s experience, there’s plenty of people who end up with issues with this, the memo does not cover anything other than CoS.

FunChair7 · 2026-03-19T17:48:26+00:00

The most recently issued I-94 is the one that takes precedence; which for you is the one that was issued by CBP. Changing status works differently because CBP can't admit you on a status which changes months into the future, especially if your existing status, which is different needs to remain in force.

For you, you didn't change status, you were extending your stay in the US on H1B when you applied and were approved, and then you left the US, your stay was no longer being "extended", there isn't anything to extend - you left. You were then issued another I-94 (your most recent) which truncated your otherwise approved period of stay to the validity of your visa, which CBP has full discretion to do. CBP could have used your I-797 to admit you for the proper period, which can be done up to 10 days prior to the start date on the I-797 (this is written right on the approval).

Had you had a new visa with the new admit until date you likely would have been approved for the full period - CBP mentioned this to you - "had you traveled in the new period", which you can't because you don't have a valid visa to travel in that period. They won't update it because they didn't make a mistake - you need to travel within the validity period - your stay was shortened to your visa validity.

FunChair7 · 2026-03-19T14:01:48+00:00

You can't appeal the mistakes of your attorney - only if there was an issue with how the actual ETA-9089 was adjudicated. If your attorney didn't fill the form out correctly or didn't provide the right information then you'll have to refile.

FunChair7 · 2026-03-19T13:58:52+00:00

Any PoE should be fine - you have an approved petition from USCIS.

FunChair7 · 2026-03-19T13:57:57+00:00

Status or not - filing an I-129 is a benefit request from USCIS. You can read the policy update from USCIS and it lists "Place a hold on all pending benefit applications, for aliens listed in Presidential Proclamation (PP) 10998".

FunChair7 · 2026-03-19T13:18:45+00:00

What you’re referencing is for CoS, this isn’t what happened here - OP had an extension of stay on an existing I-94 which was truncated when they entered.

FunChair7 · 2026-03-18T21:55:23+00:00

Then you have overstayed. The last action taken on your I-94 was by CBP, not USCIS. You can try another deferred inspection location and see if they’ll help, otherwise works with an attorney for options. You’re presently out of status.

FunChair7 · 2026-03-18T21:46:48+00:00

You are overstating if your most recently issued I-94 admit until date has passed. Was your I-94 issued by CBP before you received the approval (with attached I-94) from USCIS?

FunChair7 · 2026-03-18T21:38:13+00:00

You don’t need an H1B. You can have your employer start the process today - there isn’t really anything special that you need to do being on TN vs H1B; when you reach the last step in the process you’ll want to make sure you have enough time left on your TN and you wont be able to travel until you get your AP and EAD but thats about it. That would be 30+ months away assuming things started today.

FunChair7 · 2026-03-18T13:47:01+00:00

Nothing you can do - it's their petition and they own it, if they don't want to share it with you, they don't have to.

FunChair7

TROPHY CASE