H-1B Visas Cancelled: US Sends Indian Workers Back for Overstaying

Three Indian professionals holding H-1B visas were recently denied entry into the United States and had their visas revoked after US immigration officials at Abu Dhabi’s Preclearance facility flagged them for overstaying in India. According to social media posts circulating online, one of the affected workers shared that US Customs and Border Protection (CBP) cancelled their visas despite presenting documentation of emergencies and employer approval for their extended stays.

Abu Dhabi International Airport, a known US CBP preclearance location, conducts immigration checks prior to departure. The worker explained that the revocation was due to a stay exceeding 60 days, the generally acceptable duration H-1B holders can remain outside the US under “valid circumstances.” The CBP officer cited regulation 41.122(h)(3) as the basis for the cancellation.

The incident sparked debate online. While some sympathized, others criticized the workers for ignoring immigration rules. One user commented that "visa is a privilege, not a right," while another pointed out that being unaware of the rules isn't an excuse. Still, others urged caution when traveling abroad on H-1B status, suggesting that it's safer to limit stays to 30–40 days.

H-1B visas allow skilled foreign workers in fields like IT, engineering, and healthcare to work temporarily in the US. Sponsored by an employer, the visa initially allows a stay of up to six years and can be extended via petition. However, any prolonged absence without prior documentation or re-entry planning can raise red flags with immigration authorities.

This incident underscores the importance of adhering strictly to visa regulations and consulting immigration attorneys or company HR departments before planning international travel as an H-1B visa holder.