Three Indian professionals holding H-1B visas have been denied entry into the United States and had their visas revoked by US authorities after staying in India longer than permitted. All three were found to have exceeded the allowed duration of stay outside the US, with one individual away for nearly three months and the others for even longer. Despite presenting documentation that justified their prolonged absence and letters of support from their employers, they were still denied entry and asked to return to India.
One of the individuals involved shared details of the incident in a message that has since gained traction on social media.
The message, circulating widely with the title “H-1B visas cancelled in Abu Dhabi,” opens with a revealing account of the ordeal: “We had a particularly tough situation in US immigration in Abu Dhabi.” The sender explained that “authorities revoked H-1B visa and denied port entry for three candidates, including me, for staying in India for more than two months.”
This situation unfolded at the Abu Dhabi International Airport, which hosts a US Customs and Border Protection (CBP) Preclearance facility. This preclearance service allows travelers to complete US immigration and customs inspections before even boarding their flight to the United States. It is one of the few locations outside of North America that provides this service, effectively turning it into a US border checkpoint.
Even though the affected individuals had documentation in hand to explain their stay in India, including proof of emergencies and employer-approved leave, their explanations were not enough to sway immigration officers. The worker stated, “Even after showing all the proof of emergency and approval emails from the company, the CBP still revoked their visas.”
He went on to explain that the visa was canceled under a specific provision: “Attorney denied entry and put a cancelled seal on visa with reason pursuant to 41.122(h)(3) seal and sent us back to India.” The message also provided an important caution for others on H-1B visas, emphasizing the importance of not staying out of the US for too long. “The maximum permissible stay outside the US is 60 days for H-1B holders with what he called a valid reason,” the message noted, adding that it’s much safer to limit foreign travel to between 30 and 40 days to avoid unnecessary complications with reentry.
To better understand the implications of such an action, it is helpful to look at the function and rules surrounding the H-1B visa. The H-1B is a non-immigrant visa issued by the United States to allow employers to bring in skilled foreign workers temporarily. These workers are generally employed in specialized fields such as information technology, engineering, medicine, and business. For a foreign worker to obtain this visa, their employer must sponsor them by filing a Labor Condition Application (LCA) with the US Department of Labor and then petitioning the US Citizenship and Immigration Services (USCIS) for approval.
The H-1B visa typically permits the worker to reside in the US for up to six years. However, employers can request extensions by filing Form I-129, a petition requesting the US government to continue the worker’s stay. Despite these options, being away from the US for extended periods without a proper reason or without continuous employment can be viewed by immigration authorities as a violation of visa terms.
Reactions to this incident were swift and emotional on social media, especially on the platform Threads, where a page named “nris_adda” highlighted the story with the caption, “Very sorry to hear this.” The post drew a range of responses from users, revealing divided opinions about who was at fault and what lessons others should draw from the incident.
One user expressed both sympathy and a practical takeaway: “Sadly, the worst experiences you will have are at the Canadian borders and the pre-Clearance facilities (Shannon, Abu Dhabi). Best to avoid those ports. Of course, the officers acted lawfully but failed to see the extenuating circumstances. Very sad.”
However, not all comments were empathetic. Another user took a more critical stance: “There is no need to be in India for 3 months if you are working in the USA.” This comment underlined the notion that extended stays outside the US might naturally raise red flags with immigration officers, regardless of personal circumstances.
A more judgmental comment pointed to a broader cultural observation: “Indians have a tendency to break rules and cry when there are repercussions. Visa is a privilege, not a right. If it clearly states you cannot stay for over 60 days, why do it and then fuss when denied entry?”
Another user echoed this sentiment, laying blame squarely on the visa holders themselves: “Ignorance is not an excuse. They have to blame only their carelessness.”
This case underscores a critical lesson for H-1B visa holders: awareness of and strict adherence to immigration guidelines is crucial. Even with the right paperwork and employer support, decisions at ports of entry rest with US immigration officers, who have broad discretion to revoke visas if they believe terms have been violated.
While the CBP acted within its legal boundaries, the lack of flexibility shown in a case involving emergency leave has sparked debate about the balance between enforcement and empathy. Still, as the experience of these three Indian workers demonstrates, the burden of proof lies heavily with the traveler, and even that may not always suffice.
The incident serves as a stark reminder of how vulnerable non-immigrant visa holders can be to sudden changes in their immigration status due to procedural misunderstandings or misinterpretations. For those relying on H-1B status to live and work in the US, maintaining continuous compliance with visa rules—even during trips abroad—is essential.
In conclusion, the revocation of H-1B visas for these three individuals reveals the strict scrutiny applied at US preclearance locations, especially when travelers are returning from extended stays outside the country. Their case highlights the need for both caution and awareness when navigating the complex landscape of US immigration, particularly under a non-immigrant visa.