Early on a Saturday morning, a post in a private social media group for Indians living in the U.S. struck a nerve. The post, shared by an H-1B visa holder who requested anonymity, said his father had died suddenly in India. Grieving and uncertain, he described the predicament he now faces: he does not have an appointment scheduled for H-1B visa stamping, and with no immediate appointments available, traveling to India could leave him stranded for months, or even a year.
While he wants to be with his family during the loss, returning to India could also cost him his job and jeopardize the future of his wife and children in the U.S. As the family’s sole earner, the decision weighs heavily. His situation underscores how rapidly changing and often unpredictable immigration policies can have profound effects on people’s lives.
His dilemma, echoed by hundreds of impassioned responses to the post, also highlighted a broader source of anxiety: many highly qualified professionals in advanced stages of their careers, living and working in the U.S. on temporary work visas, are increasingly facing life-altering choices in order to maintain their legal status. “Unpredictable policy shifts and immigration bottlenecks may be issues on paper for lawmakers, but for many, these are often life-altering crossroads,” wrote another member of the group.
While some respondents shared similar difficult decisions they had faced, others offered practical advice, urging him to stay put and avoid risking his employment status.
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Speaking recently to The American Bazaar, an H-4 visa holder shared a similar experience. “Last month, I missed my only brother’s wedding ceremony that was held in India. “We congratulated the couple over the phone,” she said, adding, “I watched a live stream of the wedding with tears rolling down my eyes as I carried out my mundane chores, like packing kids’ school lunches, on a cold Seattle morning, while my brother said his vows. It hurt bad, but going to India currently, with no definite clarity on the visa appointment, would have meant inviting more uncertainties in our lives.”
Currently, thousands of Indian professionals who came to the U.S. on work visas with hopes of advancing their careers are confronting increasingly uncertain immigration prospects, with attorneys urging practicality over emotion.
The American Bazaar spoke with experts about the options available to those caught in such situations, particularly in today’s immigration climate. Immigration attorney Gnanamookan Senthurjothi said, “This situation presents a profound conflict between deep emotions surrounding the loss of their father and practical solutions to protect his U.S. status and career. Still, as an immigration lawyer, I would not want them to travel abroad, as the chances of returning to the U.S. immediately look very bleak.”
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He added, “As a lawyer, I can only recommend how one moves forward from here without worrying about what others will speak about his/her absence to perform the funeral. If he/she travels abroad, we are hearing about people stuck in India for various reasons for several weeks or months, and during that time they end up losing their job. In that event, any new petition that will be filed by a different employer will attract a $100K fee, and not many will come forward to file an H-1B petition or offer a job.”
Some individuals currently in India while awaiting visa appointments have said they are seeking permission from their employers to work remotely from there. Asked about the legal challenges surrounding continued remote work from India if an employer agrees, Senthurjothi said, “H-1B holders permitted short-term remote work until a visa is issued from India should remain on U.S. payrolls as long as feasible.”
However, he noted that there have been isolated cases of port-of-entry denials at Abu Dhabi preclearance following extended absences and remote work from India, further complicating matters. He added, “As of now, there is no formal policy or regulatory change.”
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