US Cancels H-1B Visas for 3 Workers Over Extended Stay in India

dailyblitz.de 6 hours ago

BENGALURU— Three Indian nationals on H-1B visas with roles tied to US employers were denied entry into the United States at Abu Dhabi International Airport (AUH).

The U.S. authorities revoked their visas after determining the workers had stayed in India (BLR and HYD) beyond the allowed period of stay.

Despite presenting employer letters and emergency justifications, U.S. Customs and Border Protection (CBP) agents at the AUH Preclearance facility denied their entry, citing a violation of the permissible 60-day stay rule for H-1B visa holders.

US Ambassador to India- Eric Garcetti; Photo- US Embassy and Consulates in India

US Cancels H-1B Visas

The affected passengers were scheduled to return to the United States via Abu Dhabi (AUH) but were stopped during preclearance checks conducted by U.S. CBP.

According to a message shared by one of the individuals on social media, all three were informed that their H-1B visas (non-immigrant employment visas) had been cancelled due to overstaying in India—one for nearly three months, the others even longer.

The incident underscores the strict enforcement of visa regulations, especially at ports with U.S. preclearance. Abu Dhabi International Airport’s CBP facility allows travelers to complete U.S. immigration checks before boarding, leading to immediate deportations if issues are found.

One of the workers detailed how all submitted evidence, including employer approvals and medical emergencies, was disregarded. Their visas were stamped as “cancelled” under INA Section 212(a)(7)(A)(i)(I), and they were sent back to India (BLR/HYD).

Photo: Credits to Creator

What H-1B Visa Holders Need to Know

The H-1B visa, issued by U.S. Citizenship and Immigration Services (USCIS), allows American employers to temporarily employ foreign professionals in specialty occupations. While the visa is typically valid for up to six years, continuous employment and immigration compliance are critical.

H-1B visa holders are generally permitted to stay outside the U.S. for a maximum of 60 consecutive days without affecting their status. Any prolonged absence without proper documentation or advance approval can result in automatic revocation, as seen in this case.

Despite the travelers’ efforts to prove “valid reasons” for their prolonged stay, the CBP agents ruled against them, stressing the importance of complying with clear-cut duration limits.

Social Media Reactions: Sympathy, Criticism, and Caution

The event quickly gained attention on Threads, where users offered a mix of empathy and critique. While some lamented the lack of leniency despite emergencies, others pointed to personal responsibility.

“Visa is a privilege, not a right,” one user commented, urging travelers to respect the guidelines. Another added, “Indians tend to bend rules and cry foul when caught. Ignorance won’t help in immigration matters.”

Some seasoned travelers also advised avoiding preclearance ports like Abu Dhabi or Shannon, which are known for rigorous inspections and minimal tolerance for documentation lapses.

US Ambassador to India- Eric Garcetti; Photo- US Embassy and Consulates in India

Lessons and Legal Takeaways for H-1B Holders

This case serves as a stark reminder that staying abroad beyond 60 days, even for seemingly valid reasons, can result in visa cancellation. U.S. immigration rules leave little room for interpretation, and border officials may not consider extenuating circumstances favorably.

Legal experts recommend:

  • Always inform your company’s immigration counsel of extended travel plans.
  • Documenting emergencies but not relying solely on them.
  • Avoiding preclearance routes when in doubt about immigration status.

Employers and employees must remain proactive in compliance to prevent irreversible visa actions like those seen at AUH.

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