An online user shared a friend’s stressful situation, seeking advice about a complex visa problem.
Laid Off But with Upcoming H-1B Visa Appointment
The friend was selected in the H-1B lottery while in the U.S. on an F-1 visa with a STEM OPT extension. With an H-1B visa stamping appointment scheduled for October, he travelled back to India.
However, he learned he was laid off, though the company kept him on payroll until the end of October.
Race Against Time to Get Visa Stamped
This situation means he must get his H-1B visa stamped before his payroll ends to maintain legal status.
Conflicting Views on Visa Stamping and Remote Work
Comments on the post reveal divided opinions. Some believe stamping the H-1B visa while still on payroll will protect his status.
Others warn about risks, especially working remotely from India, which may violate the Labour Condition Application (LCA) terms.
Interviewers may also question the applicant’s employment status, increasing the chance of visa rejection.
Immigration System Lacks Support for Such Cases
There are no clear processes for handling situations like this, leaving many in professional and personal uncertainty.
The lack of contingency plans for visa applicants facing layoffs is a significant flaw in the current immigration system.
