Can Indians work from home while waiting for an H-1B visa?
Indian professionals seeking H-1B visas are facing long delays, with interviews and visa stamps and transfers for new applicants now extended from early 2026 to late 2026.
According to American ed-tech president and investor Hanny Girgis, this situation left many employees stranded in India for months and what was worse,
The issue also came with career disruption and employer patience. “What was meant to be a US-based work visa is quietly changing to offshore work by default... without cost savings.”
Girgis said on X. He said workers can continue to legally work for US employers from India if permitted, but extended delays could test employers’ patience. According to American Bazaar,
applicant and visa tracking data indicate that many of the January 2026 interview slots at US consulates in India have now been postponed to September 2026.”
India’s January visa appointments are being pushed to September.
H-1B India January visa appointments are being pushed to September,” said immigration attorney Rajeev Khanna.
The backlog affects first-time H-1B applicants as well as workers seeking renewal after travelling abroad.
The delays have worsened in recent weeks, with many H-1B and H-4 visa interviews scheduled for December 2025 cancelled or postponed until March 2026. U.S.
Consular posts attribute the change to a new online appearance review process for H-1B and H-4 applicants that took effect on December 15. Khanna said, “Not much can be done because this administration has created a systemic problem that appears to be intentional.
What was the emergency situation that necessitated a change in the social media scrutiny policy, causing people’s lives to be turned upside down overnight?
This has become a universal problem for H-1B workers applying in India.” He also highlighted policies under the Trump administration that applicants can only apply for visas from their country of nationality or residence, and how this puts pressure on employers and employees.
Extended wait times forced workers to delay joining dates, travel plans and job switches, impacting both individuals and American businesses. Some applicants have asked whether they can continue to work legally while they wait in India.
Khanna said, “One of the main questions I’ve been asked is if we can work in India.”
The response is affirmative. He cautioned employees to follow local tax rules while working remotely. These delays come with changes to the H-1B programme under the GOP administration. Earlier in 2025,
The US government narrowed the definition of speciality occupations, imposed stricter degree requirements and added compliance obligations for employers.
The government also imposed a one-time $100,000 fee on new H-1B petitions and expanded social media checks for digital footprints. All these factors combined have slowed down processing, creating bottlenecks for Indian IT professionals.
