Lives on hold: How H-1B holders stuck in India are navigating legal chaos as US government postpones renewal timelines

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For 29-year-old Rohan (name changed), an H-1B visa renewal visit to India has turned into a career limbo. Just a day after completing his biometrics last week, the consultant received an email from the US government pushing his interview date from early January to August 2026-leaving his Texas-based client facing job in jeopardy.

He was one of the thousands of Indian H-1B holders whose interview dates were cancelled and rescheduled following a directive from the U.S. Citizenship and Immigration Services (USCIS) to extend interview timeline for vetting social media accounts of the applicants. This is applicable for both H-1B holders and their dependents on H4 visas.

“I work as a consultant at my company, for a US-based client. I tried to talk to them but they want me to be on location. My employer was kind enough to help me out with an attorney that the company works with as well. At this point, I see emergency appointment as an option,” Rohan told Moneycontrol.

He is one of the 60 plus inquiries from affected individuals immigration lawyer and founder of The Visa Code, Gnanamookan Senthurjothi, received in less than a week.

“This development has come as a surprise, particularly because there was no clear advance communication...From our assessment, this is less about new law and more about heightened enforcement and procedural tightening, which disproportionately affects unprepared applicants,” Senthurjothi told Moneycontrol.

Many stranded applicants have been assigned rescheduled interview dates as late as May-June 2027.

This may be a significant disruption for both visa renewal applicants and their employers, as nearly 70-75 per cent of H-1B visas every year get allocated to Indians. Most of them travel in December for renewals, the holiday season in the US.

H-1B is a non-immigrant visa, that lets US employers hire foreign talent especially for STEM jobs.

According to the emails sent out to the applicants, from December 15, the US Department of State expanded social media and online presence checks to cover all H-1B and H-4 applicants worldwide.

Earlier, such scrutiny was applied selectively.

In emails sent by the State Department, it said interviews were being delayed to allow for enhanced screening to ensure that no applicants … pose a threat to US national security or public safety. “The Consulate will not be able to see you on your original appointment date. Please do not show up at the Consulate. We look forward to assisting you on your new appointment date,” the automated mails, accessed by Moneycontrol, further read.

Soon several US-based technology giants including Google, Microsoft, and Apple advised employees on US work visas to avoid travelling abroad, warning that lengthy visa-processing delays could leave them stranded outside the country for months.

According to internal memos, immigration law firms representing employers have warned employees planning overseas travel for visa stamping and re-entry into the US that embassy and consulate backlogs are worsening, with wait times in some locations stretching up to 12 months.

In some cases, a fresh visa appointment may not even be available within the applicant’s current H-1B validity period, according to Kate Angustia, Supervisory Policy and Practice Counsel on the Government Relations team at the American Immigration Lawyers Association, also known as AILA.

“This will be a significant challenge for H-1B workers, their families, and the US employers who expect their workers to return to the U.S. after temporary foreign travel,” Angustia told Moneycontrol.

Moreover, even without a fresh visa stamp, H-1B holders are legally allowed to remain in the US as long as they continue to hold valid H-1B status, are employed by the sponsoring employer, and have an approved petition.

Visa stamping is required only for re-entry into the US after international travel, not for lawful stay within the country, according to Abhishek Bhambhu, cofounder of SprintVisa.

Over the years, these American technology majors have accounted for the highest share of for H-1B visas to hire Indian tech talent, while the top Indian IT services companies have strategically reduced their H-1B dependency bringing it to less than 50 per cent of their US workforce amid policy uncertainties.

“Several of our clients are currently stranded in India, facing professional and personal disruption due to the lack of clarity on timelines and eligibility. The absence of prior notice and transparent guidelines has amplified anxiety among visa holders,” said Smita Paliwal, Partner, King Stubb & Kasiva, Advocates and Attorneys.

While some cities have emergency slots available in January, other locations show unavailability and rescheduling restrictions.

Bhambhu added that one of his clients whose original visa interview was conducted in Chennai was willing to attend an interview anywhere in the country, but is restricted to rescheduling only in Chennai.

“Emergency appointments are currently unavailable there, leaving the applicant with a narrow window until early January to secure a slot,” Bhambu said.

In contrast, another client whose original entry point was Hyderabad is able to look for appointments in that city, with limited slots available around January.

Both applicants work in the IT sector and are in senior roles, with roughly a decade of professional experience.

Another affected professional, who had a family wedding planned for January, saw their visa appointment being moved from January 2026 to January 2027, effectively disrupting plans for an entire year.

While the intent to streamline the system and curb abuse is understandable, he said the execution has disproportionately affected legally employed workers with established careers in the US.

One individual had fully planned a visa appointment in Chennai, booked international flights, hotels, and family travel across India, only to cancel the entire trip at the last minute, ending up with significant financial losses.

“Thankfully, I got a notice before my trip, so I cancelled my travel and did not get stuck in India. But I feel bad for many of my friends who are stuck in India now,” a 36-year-old IT professional, Dheeraj (name changed) told Moneycontrol.

“Right now, the biggest issue is uncertainty. There is no clarity on what is being evaluated, how long it will take, or who will be delayed. That uncertainty is affecting careers, family decisions, and basic freedom of movement for people who are legally working and living in the US,” he added.

Senthurjothi said some smaller companies have started allowing remote work to the impacted professionals, and if they have offices in India, they are temporarily moving them here.

He added that for the immediate next steps, his law firm is exploring emergency appointment requests that are usually allowed for critical employment needs, medical issues, or family emergencies.

He is also checking for alternate visa strategies to apply through other relevant visa categories.

According to Sonam Chandwani, Managing Partner at KS Legal & Associates, this situation builds a strong case for interim measures to ensure that compliant visa holders are not disproportionately impacted by procedural changes.

She expects increased representations to the US authorities in the coming days seeking clearer guidance, transparency in screening criteria, and predictable rescheduling mechanisms.

“In the immediate term, the focus is on contingency planning, exploring emergency appointment requests, alternative consular locations where permissible, and close coordination with U.S. employers to manage work authorization risks,” she said.

Chandwani added, “Policy changes are within a sovereign’s right, but introducing enhanced scrutiny without adequate notice or a transition window creates disproportionate hardship.”

For now the wait continues as the USCIS reiterated on December 22, that the Department of State expanded online presence reviews to all H-1B and H-4 applicants in an “an effort to address abuse of the H-1B program” and permitting companies to hire the best “temporary” foreign workers.