Ajay Kumar Sharma spent 16 years building a career in IT, working with names like Fidelity Investments and Bank of America. For the last three years, he lived and worked in the United States on an H-1B visa with a clean record and a stable trajectory. Then, in early 2026, a single delay, one that was not even in his hands, cost him everything.
After losing his job in December 2025, Sharma had a 60-day grace period to secure a new H-1B transfer. He found an employer, submitted his documents, and waited.
But the employer-side filing never went through on time. By the time things moved, the window had closed. He was declared ‘out of status’, meaning he could no longer legally work or stay in the US. Within weeks, Sharma, his wife, and his children were on a flight back to India with no income, roughly $8,500 in pending US lease obligations, and no response to his follow-up emails.
His case, shared on LinkedIn, has put the spotlight back on a reality many H-1B visa holders live with but rarely talk about, their entire legal presence in the US depends not on their own actions, but on how fast an employer files paperwork.
A job loss and a narrow window
Sharma’s situation began in December 2025 when he lost his job in the United States. As per H-1B rules, he then had a 60-day grace period to find a new employer and complete the transfer process.
In February 2026, he received an offer from a major tech consultancy company and submitted all required documents soon after. He believed the process was moving forward as expected. However, delays at a later stage changed the outcome.
He wrote, “I never imagined that, after 16 years total in IT and a clean work history in the US (working for the last 3 years on an H-1 B visa), I would lose my H-1B status due to employer delays, not my actions.”
A missed deadline with lasting impact
As explained by him, there was a delay in confirming his document checklist and moving ahead with the filing. By the time the process advanced, the deadline had passed.
He said, “My H-1B transfer was never filed on time. I was deemed ‘out of status.’ Case closed.”
For H-1B workers, their legal stay depends on timely filings by the employer. Even short delays can lead to serious consequences.
What he says he was not told
Sharma also pointed to a lack of clear communication during this period. He said he was not informed about the risk to his timeline or the options available to him while the process was pending.
He wrote, “That the filing timeline was at risk even as the window was closing. That I had the right to explore alternatives, a B1 or B2 change of status, or another employer who had already filed my LCA and was ready to proceed.”
Without this information, he said he was unable to take steps that might have helped him stay in the country legally.
Return to India and financial pressure
After losing his visa status, Sharma and his family had to leave the United States and return to India. The move came with financial and personal strain.
“My US lease obligations stand at approximately $8,500. My family, my wife, my children, had to uproot their lives. We returned to India with no income, mounting financial obligations, and zero response to my follow-up emails in the weeks since,” he wrote. He is currently unemployed and waiting for responses regarding his case.
What does H-1B ‘out of status’ means?
H-1B “out of status” means you are no longer following the rules of your visa, even if your allowed stay (I-94 date) hasn’t ended yet. This can make you ineligible for immigration benefits and may lead to removal from the U.S. or problems getting visas in the future.
You can go out of status if you lose or leave your job and don’t transfer your visa within the 60-day grace period, work for someone other than your approved employer, or are not paid properly (like being kept on the bench without salary). Staying beyond your I-94 without applying for an extension also puts you out of status
Immigration attorneys respond
In response to this situation, FinancialExpress.com spoke with immigration attorneys Gnanamookan Senthurjothi and Veena Vijay Ananth, founders of The Visa Code, to understand what options are realistically available to H-1B holders facing such complicated situations.
They said, “Engage an immigration attorney on day one. Understand that a prospective employer’s HR team, however well-meaning, is not your legal counsel. Explore every pathway available like B-2, H-4, cap-exempt transfer, F-1 or consular processing before the grace period closes.The landscape has changed dramatically. Options that existed under the previous administration are now being met with RFEs and NOIDs. Do not wait for a job offer to explore your legal position by the time the offer arrives, the window may already be closed.”
Attorneys further added, “Document every communication, every delay, and every commitment made to you in writing. Because if things go wrong, that paper trail is your only recourse.Each case is different. There is no one-size-fits-all solution. But one thing is certain policy shifts faster than one can breathe. Your preparation must be faster still. If you must depart the U.S., a prospective H-1B petitioner may not be interested in your profile as the $100K surcharge for consular processing cases is applicable, unless exempted.”
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information. For personalized guidance, please consult a qualified immigration attorney or a certified professional advisor.