Three Indian nationals holding H-1B visas were recently denied entry into the United States and had their visas revoked by US immigration officials at Abu Dhabi International Airport.
The action was taken after it was found that all three had stayed in India beyond the permitted duration under the terms of their visa.
One of the workers had remained in India for nearly three months, while the other two had overstayed by more than three months. Despite presenting emergency documentation and letters from their respective employers justifying the extended stay, the US Customs and Border Protection (CBP) officials instructed them to return to India.
H-1B Visas Revoked at US Immigration in Abu Dhabi
Abu Dhabi International Airport is one of the few international airports outside the US with a US Customs and Border Protection Preclearance facility. Travelers here undergo US immigration and customs checks before boarding flights to America.
A message shared on social media by one of the affected individuals, stating, “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.”
The individual went on to explain that they had shown all proof of the emergency and approval emails from their employer, but still faced denial of entry.
H-1B Visas Cancelled Under Section 41.122(h)(3)
According to the message, CBP officials revoked their visas and marked them as cancelled under the provision “pursuant to 41.122(h)(3),” before directing them to return to India.
The post further added, “Attorney denied entry and put a cancelled seal on visa with reason pursuant to 41.122(h)(3) seal and sent us back to India.”
The person affected also noted that H-1B visa holders are generally allowed to stay outside the US for a maximum of 60 days under valid circumstances but advised others to limit overseas stays to 30–40 days to avoid such issues.
What Is H-1B Visa?
H-1B is a non-immigrant visa. It allows US employers to hire foreign workers in specialized fields. Mostly candidates from IT, engineering, healthcare, and business are given H-1B Visa. The process to obtain this visa is that employers sponsor the applicant, file a Labor Condition Application (LCA) with the US Department of Labor, and submit a petition to the United States Citizenship and Immigration Services (USCIS).
H-1B visa holders are usually allowed to stay in the US for up to six years. Employers may apply for an extension by submitting Form I-129 on behalf of the employee. In many cases, prolonged stays outside the US during the visa period may attract scrutiny from the employer and lead to complications.
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