It’s news that many can only dream of—being picked in the H1B lottery. But for one Indian marketing executive in Silicon Valley, winning came with a catch no one would expect: the prospect of losing their job before the visa even goes into effect.
Their existing H1B petition has been sponsored by their employer since October 2025. However, now there are rumors regarding leadership changes in the company at the end of May. That can be a team reshuffle or, God forbid, a layoff—much ahead of the visa becoming effective.
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Things are made worse once you consider the current status. They are currently on OPT and their EAD is valid for only June 24, 2025. After that point, there isn’t a safety net unless they are retained by the firm or get a different job shortly afterwards that works in terms of an October start.
And marketing isn’t the same as tech. Sponsoring H1B roles in this sector are more difficult to find. So while technically the H1B has been “won,” there’s actually a very real chance that it may never actually get used.
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They’ve already started brainstorming alternative plans. One is to determine another team internally and re-tool the H1B petition once that transition happens. Another is to proceed with the petition and, if need be, leave the U.S. between July and October—then re-enter on the H1B via consular processing.
There is also the less sure path: asking for premium processing today to have the petition processed early, or asking the company to retain them on the books for several months to continue the process.
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As a worst-case scenario, if everything else fails, the last thing is to return to school on CPT and sit out the H1B lottery once more next year—a path that most try to avoid, especially after winning the lottery after so long.
It’s a reminder of how precarious and unpredictable this trip can be, even once the “hard part” is over. For a lot of Indian immigrants in America, being chosen in the H1B lottery isn’t the completion of waiting. It’s simply one more step on a long, unpredictable path to stability.
