Three H-1B visa holders denied entry in US, visas revoked for overstay in India

Three H-1B visa holders denied entry in US, visas revoked for overstay in India

Three Indian nationals holding H-1B visas were refused entry into the United States and had their visas revoked by US authorities at the Abu Dhabi Preclearance facility.

The workers had overstayed in India beyond the allowed duration, with one individual remaining nearly three months and the others exceeding three months.

Despite presenting emergency documents and employer letters justifying their extended stays, US Customs and Border Protection (CBP) officials cancelled their visas and instructed them to return to India.

One of the affected workers shared the incident on social media, saying: "We had a particularly tough situation in US immigration in Abu Dhabi. Authorities revoked H-1B visa and denied port entry for three candidates, including me, for staying in India for more than two months."

Understanding H-1B Visa Rules

The H-1B visa permits US employers to temporarily hire foreign professionals in specialized fields such as IT, engineering, medicine, and business. The visa is employer-sponsored, requiring a Labor Condition Application and petition to US Citizenship and Immigration Services (USCIS).

Typically, H-1B holders can stay in the US for up to six years, with possible extensions if the employer submits Form I-129 on behalf of the worker to the US government

Holders of H-1B visas are generally advised not to remain outside the US for more than 60 days without valid reasons, as extended absences may jeopardize visa status.

At Abu Dhabi International Airport, the US operates a preclearance facility allowing travellers to complete immigration checks before boarding flights to the US.

Despite submitting emergency proofs and employer approvals, the three workers’ visas were revoked under regulation 41.122(h)(3), which leading to their forced return to India.

Reactions on Social Media

The incident sparked debate on the "nris_adda" page on Threads, with some users expressing sympathy for the workers’ plight, while others criticized the overstays. Comments ranged from, "Officers acted lawfully but failed to see the extenuating circumstances," to more critical views like, "Indians have a tendency to break rules and cry when there are repercussions. Visa is a privilege, not a right."

One user commented, "Sadly, the worst experiences you will have are at Canadian borders and 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."

Another user also highlighted the importance of understanding visa rules, saying, "Ignorance is not an excuse. They have only their carelessness to blame."

The case underscores the strict enforcement of H-1B visa regulations at US preclearance points and serves as a cautionary example for visa holders to adhere closely to permitted stay durations abroad.