H-1B Visas Revoked: US Sends Tech Workers Back Home For Staying Too Long in India

Three Indian nationals, all holding H-1B visas, faced denial of entry into the United States and had their visas revoked by US authorities. These individuals stayed in India longer than allowed. One worker remained in India for nearly three months, while the others overstayed for more than three months. Despite having emergency proof and employer letters justifying their overstay, they were instructed to return to India.

A message from one of the affected workers has been circulating on social media. It begins with: "We had a particularly tough situation in US immigration in Abu Dhabi." The message continues, "Authorities revoked H-1B visa and denied port entry for three candidates, including me, for staying in India for more than two months."

H-1B Visa Regulations

The H-1B visa is a non-immigrant visa that allows US employers to temporarily hire foreign workers in specialised fields like engineering, IT, medicine, and business. To obtain this visa, an employer must sponsor the worker by filing a Labor Condition Application (LCA) with the Department of Labor and submitting a petition to U.S. Citizenship and Immigration Services (USCIS).

Typically, an individual can stay in the US on an H-1B visa for six years. However, this duration can be extended if the employer submits Form I-129 on behalf of the worker to the US government.

Social Media Reactions

The incident was shared on Threads' page "nris_adda," where users expressed their views. 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 remarked: "There is no need to be in India for 3 months if you are working in the USA." A third added: "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?"

Abu Dhabi Preclearance Facility

Abu Dhabi International Airport hosts a US Customs and Border Protection (CBP) Preclearance facility. This setup allows travellers to undergo US immigration checks before boarding flights to America. Despite presenting emergency proof and company approval emails, CBP still revoked their visas.

The affected worker explained that even after showing all necessary documents, their visas were cancelled under reason 41.122(h)(3), forcing them back to India.

The message also highlighted that H-1B holders should not exceed 60 days outside the US without valid reasons. It advised limiting stays to 30-40 days to avoid issues.

One social media user commented: "Ignorance is not an excuse. They have only their carelessness to blame." This reflects a sentiment shared by many online regarding adherence to visa regulations.