H1B 7th-year Fee question

slowpork

Registered Users (C)
Hello.

Our company sponsored H1B for an employee in his 4th-6th year, and filed labor certification over 365 days. I'm in process of extending his H1B 7th-year. I'm confused how much fee our company has to pay. We'll pay $190 Petition Fee (I-129) plus....

1. Quote from I-129 H-1B Data Collection Supplement page 11, "[Yes] [No] Is this the second or subsequent request for an extension of stay that you have filed for this alien?"

If the answer is "yes", $750 will be waived. Does this 7th-year count as first or second request because we filed his 4th-6th year ? Do we have to submit $750 fee ? (Our company has less than 25 employees.)

2. Quote from the same page, "NOTE: On or after March 8, 2005, a U.S. employer seeking initial approval of H-1B or L nonimmigrant status for a beneficiary, or seeking approval to employ an H-1B or L nonimmigrant currently working for another U.S. employer, must submit an additional $500 fee."

As we filed last of his H1B, does 4th-6th or 7th year count as an INITIAL approval ? Do we have to submit $500 fee ?

Thank you in advance!

-SP :)
 
Last edited by a moderator:
Hi.

I believe that the only fee will be $190 because
- $750 or $1500 has been paid since 4th-6th year.
- $500 is waived because this is an extension of stay (not an initial H1B).

A confirm on this will be very appreciated.

-SP
 
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