'Potential risk': Immigration attorney says working remotely from India over visa appointment delay can raise questions when you re-enter

Immigration attorney David Santiago said that H-1Bs who are stuck outside the US at this moment because of visa appointment rescheduling will face questions when they re-enter the country again -- about their long period of absence. Santiago advised that such candidates should get it in writing from their company that they were allowed to work from abroad for these specific days because of visa appointments being rescheduled when they were already abroad.

The sudden rescheduling of visa interviews in December has led to an unprecedented situation. Many H-1B traveled outside the US -- to their home countries to get their visa stamped as now one must get their visa stamping at their own country. People who went to India this month to attend their interviews received messages that their interviews have been rescheduled to 2026. Those who can't enter the US without a new stamping are now stuck in India without knowing whether they will still have their job or whether their companies will allow them to work from India.

January dates also deferred to November-December 2026

The US State Department canceled some interviews scheduled in December as social media vetting began on December 15. This new checking involves a thorough checking of all social media handles declared by the candidates. As this takes time, the department reduced the number of daily slots and deferred some December interviews initially. But now January slots are also being rescheduled and January interviews are being deferred to end of 2026.

Potential risk in working from India

"There is a potential risk with working remotely for this extended period of time. You generally cannot keep working remotely from India for months and still expect H-1B status to be clean," Santiago said in an AMA (Ask me anything) session on Reddit.

"H1B is tied to working at a US worksite under the LCA ( Labor Condition Application). Long stretches abroad, especially 6 months, can raise questions about abandonment of US employment when you try to re-enter," Santiago said.

Santiago said such employees who got stuck abroad should speak to their employers. "Have them provide an affidavit or document stating that they are allowing you to work remotely due to your visa appointment being rescheduled while you were already abroad. Have your employer provide specific dates of when you can work remotely as well. You would have to explain this to the official and hope that they understand that this was completely out of your control," the attorney said.

"If you’re stuck, unpaid leave or formally pausing work is another option until stamping happens," he added.