H-1B Visa Cancelled for Staying in India: US Deports Tech Workers from Bengaluru, Hyderabad

H-1B Visa Cancelled: Indian Tech Workers Denied US Entry Over Extended Stay in India

In a recent immigration incident, three Indian nationals holding H-1B visas were denied entry into the United States at Abu Dhabi International Airport. The U.S. authorities, citing visa violations, cancelled the H-1B visas due to prolonged stays in India beyond the permitted duration. This development has stirred concerns in the tech and NRI communities, especially those traveling frequently between India and the U.S.

H-1B Visa Cancelled at Abu Dhabi Preclearance Facility

The H-1B visa cancellation occurred during routine U.S. Customs and Border Protection (CBP) checks at the Abu Dhabi Preclearance facility. This facility allows travelers to undergo U.S. immigration procedures before boarding flights to America.

The individuals, reportedly from Bengaluru and Hyderabad, were stopped by CBP agents and questioned about their extended absence from the U.S. Despite producing employer letters and emergency documentation, the agents revoked their visas and stamped them as “cancelled.”

Why Were the H-1B Visas Cancelled?

The primary reason for the H-1B visa cancelled incident was that these individuals stayed in India for more than 60 days, which violates the permissible leave period for H-1B visa holders. U.S. immigration law expects H-1B holders to maintain continuous employment and residency status.

One of the affected travelers stated on social media, “Authorities revoked H-1B visa and denied port entry for three candidates, including me, for staying in India over two months.” Despite presenting “valid reasons” and “approval emails” from employers, the H-1B visa cancelled notice was issued under INA Section 212(a)(7)(A)(i)(I).

Understanding the H-1B Visa Rules

The H-1B visa is a non-immigrant visa that permits U.S. companies to hire foreign professionals in specialty occupations such as IT, engineering, and medicine. Although the visa is typically valid for six years, compliance with its terms is critical.

According to legal experts, H-1B visa holders are generally advised not to remain outside the U.S. for more than 60 consecutive days unless approved in advance. Extended absence without proper documentation can result in the H-1B visa being cancelled or denied at reentry points.

Social Media Buzz: Mixed Reactions to H-1B Visa Cancelled Case

The story of the H-1B visa cancelled at Abu Dhabi quickly circulated on social media platforms. Many users expressed sympathy, while others stressed the importance of complying with immigration regulations.

One user wrote, “Visa is a privilege, not a right. If it says 60 days, you must follow it.” Another commented, “CBP officers acted within their rights, but it’s unfortunate they didn’t consider emergency reasons.”

There were also posts from former CBP officers explaining that sometimes technical errors in systems or unreported visa renewals can lead to repeated security checks, which further complicates such situations.

Lessons for H-1B Visa Holders

This H-1B visa cancelled episode offers a valuable lesson for foreign professionals on U.S. work visas. Legal and HR professionals advise the following:

• Limit overseas stays to 30-40 days, even in emergencies.
• Consult with immigration attorneys before extended travel.
• Maintain updated visa records with CBP and airline systems.
• Avoid preclearance ports like Abu Dhabi if documentation may cause delays.

Large companies often pause pay or remove employees from the U.S. payroll if they are working remotely from India for extended periods. This may further affect H-1B compliance.

Why This Incident Is Unusual

While overstaying can lead to visa cancellation, it is rare for visas to be revoked during preclearance unless there is a serious breach of rules. In this case, the enforcement highlights a strict stance by U.S. border officials, possibly due to increased scrutiny post-pandemic and geopolitical concerns.

Despite this, some users questioned the full validity of the story. A few insisted that if one’s visa and employment remain valid, staying in India shouldn’t automatically lead to cancellation, suggesting incomplete background information may have influenced CBP’s decision.

The Legal Loophole: Remote Work from India

There’s ongoing debate in legal circles about how remote work from India affects H-1B status. Some attorneys believe that working remotely while on H-1B may not count toward the six-year maximum stay and recommend employees be removed from U.S. payroll to avoid complications.

However, in practice, CBP may still interpret extended absence as non-compliance, especially if the person lacks clear evidence of employer authorization.

Conclusion: Stay Informed, Stay Compliant

The H-1B visa cancelled case from Abu Dhabi underscores the importance of adhering to immigration guidelines. For professionals on U.S. work visas, it is essential to be cautious about international travel duration and to seek legal advice when in doubt. With immigration scrutiny rising, compliance remains the best defense against unexpected disruptions in one’s professional journey.

Stay updated on visa policies, employer expectations, and travel advisories to safeguard your immigration status and career prospects in the U.S.

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