Can Indians work from home while waiting for H-1B visas? Immigration lawyer offers advice as US investor warns of employer impatience
Indian professionals seeking H-1B visas are facing long delays, with interviews and visa stamping for both new applicants and transfers now being pushed from early 2026 into late 2026. The situation left many workers stuck in India for months, and worse was the career disruption and employer patience that came along with the issue, according to American Ed-tech chair and investor Hany Girgis.“What was meant to be a U.S.-based work visa is quietly turning into offshore work by default… without the cost savings,” Girgis said on X. He said that workers can legally continue working for US employers from India if permitted, but the extended delays may test employer patience.According to American Bazaar, applicants and visa tracking data indicate that many January 2026 interview slots at US consulates in India have now been deferred to as late as September 2026.Immigration lawyer Rajiv Khanna said, “H-1B India January visa appointments are being pushed to September.” The backlog affects first-time H-1B applicants as well as workers seeking renewals after travelling abroad.The delays have worsened in recent weeks, with several H-1B and H-4 visa interviews scheduled for December 2025 being cancelled or postponed to March 2026. US consular posts attribute the changes to a new online presence review process for H-1B and H-4 applicants that took effect on December 15.“There isn’t much that can be done because this administration has created a systemic problem that appears deliberate. What was the extreme emergency that the social media vetting policy had to be changed and people’s lives upended overnight? This has become a universal problem for H-1B employees applying in India,” Khanna said. He also flagged policies under the Trump administration that applicants can only apply for a visa from their country of nationality or residence, and how it puts strains on employers and employees.The extended wait times forced workers to delay joining dates, travel plans, and job switches, affecting both individuals and US businesses.Some applicants have asked whether they can legally continue working while waiting in India. Khanna confirmed, “One of the key issues I’ve been asked about is, can we work while we are in India? The answer is yes.” He cautioned workers to comply with local tax regulations while working remotely.These delays come alongside changes to the H-1B programme under the GOP government. Earlier in 2025, US government narrowed the definition of specialty occupations, imposed stricter degree requirements, and added compliance obligations for employers. A one-time $100,000 fee on new H-1B petitions and expanded social media checks for digital footprint. All these factors combined have slowed processing, creating hurdles for Indian IT professionals.
