Immigration lawyer Emily Newman said that even if H-1B stamp slots are open in India, those in the US should not risk traveling outside the US.
Amid reports that H-1B visa stamp slots are becoming available in India randomly, immigration lawyer Emily Newman said that those currently in the US are not advised to book an appointment in India as they must travel outside India now.
Those already in India, stuck for months, with all appointments frozen due to a major rescheduling of dates in December 2025, will have to do their best to try to book appointments and get their passports stamped. But those in the United States, do not need a visa stamp for anything and should not travel abroad. Newman said the U.S. government is doing everything it can to prevent immigrants from coming to the United States, adding that getting the designation is the easiest part of the process.
There is no guarantee that the slot you have reserved will not be cancelled, nor will your H-1B visa be canceled precautionarily while you are out of the country. Thousands of Indians were stranded in their homes when they traveled to India last December for a holiday. Visa holders generally book visa appointments when they visit their country, as stamping is now mandatory in the visa holders’ home countries. In December, consulates in India canceled, rescheduled and postponed all interviews until May 2026.
Without the stamp, they could not return to the United States, so they had to stay in India, biding their time.
Some companies have allowed them to work from India but there is still uncertainty about the future of H-1B visa holders. There have been no new dates available for the past three months but in the last few weeks, some slots have opened up resulting in a huge rush for visa holders.
What is an H-1B visa stamp? Why is it required?
A visa stamp is the sticker on your passport that will allow you to enter the United States. It usually has a validity of three years for Indians. This is not a work permit and is not necessary for anything within the United States. Form I-797 controls how long you can stay in the United States under an H-1B visa and work. Your visa stamp can expire while you are in the United States, but you can continue to work as long as your Form I-797 is valid. The new stamp is only necessary to re-enter the country and also to enter the country for the first time.