Three Indians, all holding H-1B visas, were denied entry into the United States and had their visas revoked by US authorities. These individuals stayed in India beyond the permitted period. One of the workers remained in India for nearly three months, while others had overstayed for more than three months. The Indian nationals were instructed to board the flight back home despite having emergency proof justifying their overstay and letters issued by their employers supporting it.
A message, sent to a social media user by one of the affected workers, has been doing the rounds on social media.
‘H-1B visas cancelled in Abu Dhabi’
The message starts with the words: “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,” it continues.
It is to be noted that Abu Dhabi International Airport has a US Customs and Border Protection (CBP) Preclearance facility. This allows travellers to undergo US immigration and customs checks before even boarding their flights to America.
The affected worker explained that even after “showing all the proof of emergency” and “approval emails” from the company, the CBP still revoked their visas.
“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,” it further reads. The message also emphasised that the maximum permissible stay outside the US is 60 days for H-1B holders with what he called a “valid reason”, adding that it’s safer to limit stays to 30-40 days to avoid complications.
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What is an H-1B visa?
H-1B is a non-immigrant visa that allows US employers to temporarily employ workers from foreign countries in speciality occupations in fields like engineering, IT, medicine, business and more. In order to get the visa issued, the employer must sponsor the worker, file a Labor Condition Application (LCA) with the Department of Labor, and submit 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 can be extended by the employer by submitting Form I-129, which is a petition on your behalf to the US government.
‘Very sorry to hear this’: Social media users
The “very sorry to hear this” post was shared on the Threads’ page “nris_adda”. Reacting to this, one social media user wrote, “Sadly, the worst experiences you will have are at the Canadian borders and the 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.”
“There is no need to be in India for 3 months if you are working in the USA,” wrote another.
A third joined, “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?”
“Ignorance is not an excuse. They have to blame only their carelessness,” commented yet another Internet user.