Lawyer says approved-COS holders can’t leave US without triggering $100K fee
FY2027 cap selectee here (selected in March 2026 lottery). Currently in the US in valid status, petition being filed as change of status. British national, so would be stamping in London if I ever travel.
My immigration lawyer is telling me I cannot leave the US *at any time* until the September 19, 2025 proclamation is lifted or expires, including after my COS is approved and after my H-1B status takes effect on October 1, 2026. Their reasoning, verbatim:
“If you leave the U.S., you will be outside the U.S. and will need to be stamped in order to reenter in H-1B status. The stamping triggers the fee. If you do not leave the U.S., the fee will not apply since you do not need to be stamped to remain in the U.S. in H-1B status."
Has anyone else who has had their COS approved while in the US for 2027 been given this advice? It diverges so far from the published rule that I want to triangulate before accepting 16+ months of grounding as the working assumption. Thanks.