What about recapturing about 2 years of unused H1B and coming back to US for a new position? Does the employer still need to issue the 100k fee? I would imagine they don't, since the visa is already issued, technically speaking?

Also that the fee exists as a proclamation but is being litigated. It is on appeal in the DC circuit and there is a separate case in ND CA as well. In light of learning resources, my money is on it being overruled.

https://www.courtlistener.com/docket/72095497/chamber-of-com...

https://www.courtlistener.com/docket/71541425/global-nurse-f...