The 100K fee has to accompany the H1B petition. The enforcement happens at the port of entry. So theoretically, a) the application could be denied if it doesnt have the 100K fee. b) If it doesnt get denied then you could stay in the country without paying 100K till a change of status event? This removes any out of US travel options. Not sure how practical option b is, where you put everything on the line if a travel need arises.