An Indian professional working in the United States on an H-1B visa is facing uncertainty over whether he can return to the country after being laid off while visiting India, highlighting the immigration concerns foreign workers can face when their employment ends.
The worker shared his situation in a Reddit post, saying his employer notified him of the layoff a day earlier and revoked his access to company systems. He said he would soon lose access to Slack and was required to return company devices within two weeks.
Although he has a valid H-1B visa stamp, he is unsure whether he can use it to reenter the United States before his employment officially ends.
According to the post, the company has set Dec. 8, 2026, as his official separation date, with his final paycheck scheduled for that day. His manager reportedly told him that he technically remains employed until Dec. 7, giving him a potential window to return to the United States.
However, the employee wants to establish whether his employment status and visa petition will remain valid during that period. He said he had scheduled a discussion with the immigration and legal services provider arranged by his employer to understand his options.
READ: Over 12,000 Indian tech professionals leave US as visa uncertainty, layoffs mount (October 19, 2026)
Questions over H-1B status and employer notification
The Reddit post also sparked a discussion about when employers notify U.S. Citizenship and Immigration Services (USCIS) after terminating an H-1B worker.
One commenter, who said they had consulted an immigration lawyer about similar concerns, wrote that employers do not necessarily report an employee’s last working day in the manner the worker might expect. The commenter said immigration officers could examine an applicant’s previous paychecks when assessing employment history and potential gaps between jobs during a subsequent H-1B application.
Another commenter disputed that explanation, arguing that employers are required to notify USCIS when an H-1B worker’s employment ends. Federal regulations require employers to notify the agency so that the approved petition can be revoked when the employer no longer employs the worker.
The discussion illustrates the uncertainty surrounding the timing of an employer’s notification and the implications for a worker whose job is ending while they are outside the country.
Indian worker considers his options
The employee said he wants to return to the United States long enough to settle his affairs before moving back permanently. He is also exploring new employment opportunities but described the current job market as challenging.
READ: Infosys, TCS, Cognizant slash H-1B registrations (October 21, 2026)
Applying for a B-1/B-2 visitor visa is another possibility he is considering, although he said the difficulty of securing an appointment could make that option impractical within his timeline.
For now, the worker is seeking advice from immigration counsel and other H-1B holders before making a decision about travel.
USCIS says the consequences of employment termination depend on an individual’s circumstances. Eligible H-1B workers may have a discretionary grace period of up to 60 days after employment ends, or until their authorized validity period expires, whichever comes first. However, that grace period does not automatically resolve the reentry question for someone already outside the United States. USCIS explains the options available to nonimmigrant workers following termination.
The employee has not shared the outcome of his consultation with immigration counsel in the Reddit post. His immediate concern remains whether he can return before his employment officially ends and arrange his departure without running into immigration complications.