Controversy Surrounds Denial of Entry for Three H-1B Holders
A viral social media post recently stirred debate by claiming that three Indian nationals holding H-1B visas were denied entry to the United States after spending over 60 days in India. According to the circulating message, these individuals were stopped at Abu Dhabi immigration where their visas were reportedly revoked.
Details of the Incident
The post detailed that despite having emergency proofs and approval emails from their employers and attorneys, the three visa holders were sent back. One individual allegedly stayed in India for nearly three months (2 months and 27 days), while the other two stayed for over three months.
The message shared stated:
"Very sorry to hear this. Just now, three H1B holders messaged me from Abu Dhabi Airport. They were denied entry and had their H1B visas cancelled for staying in India beyond 60 days — one stayed 2 months 27 days, the others over 3 months. They’re now waiting for flights back — one to Bangalore, two to Hyderabad. Even with employer letters and emergency proof, CBP still revoked their visas under 22 CFR 41.122(h)(3)."
Community Response and Legal Clarity
The news sparked a flurry of reactions amongst the H-1B visa community, many expressing skepticism and questioning the validity of the claims. Some are convinced the visa holders must have faced issues unrelated to their time spent outside the country.
On Reddit, a user noted,
"As an Indian passport holder on an H1B visa—a non-immigrant, temporary worker visa—you are allowed to stay outside the U.S. for an extended period as long as your visa and employment remain valid. There is no specific law restricting H1B holders from staying outside the US for more than 60 days. This situation suggests that immigration officers might not have adhered to established guidelines, making the decision questionable."
Despite the claim that visas were revoked citing regulation 22 CFR 41.122(h)(3), experts point out that lengthy stays outside the U.S. do not automatically lead to visa cancellation if employment authorization continues.
The Bigger Picture: What H-1B Holders Should Know
H-1B visa holders often have to travel internationally for personal or emergency reasons. While there are no explicit rules limiting how long they can stay outside the U.S., certain factors may influence border officials' decisions:
- Validity of the visa and employment status
- Supporting documentation for extended stays outside the U.S.
- Compliance with immigration regulations and truthful disclosure
This incident, whether fully accurate or partially misunderstood, highlights the complexity of immigration enforcement and the importance of clear communication with authorities before extended travel.
