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Reason: overstay in India
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You must know and how to protect your status
Three H-1B holders denied US re-entry in Abu Dhabi despite emergency leave and employer approval; here’s what to do if your visa is cancelled
In a cautionary tale for H-1B visa holders, three Indian professionals were denied entry into the United States via Abu Dhabi and had their visas revoked for overstaying in India for more than two months—even though they had documented emergencies and employer approvals, reported businesstoday.in.
One of the affected travellers shared the experience in a viral social media post, stating:
“Happened today: H1B visa cancelled at Abu Dhabi – overstay in India triggers denied entry.”
Despite presenting company-approved leave records and emergency documentation, US authorities cancelled their visas under 22 CFR 41.122(h)(3), marking them as inadmissible at the port of entry. All three were sent back to India.
A 60+ day stay in India led to H-1B visa revocations for three Indians in Abu Dhabi, spotlighting strict US re-entry rules even in emergency cases.
The incident highlights a key reality for H-1B workers: even valid emergency travel can result in visa cancellation if timelines are not carefully observed. The traveler advised,
“Max stay allowed is 60 days with a valid reason, or better is 30–40 days. Please inform others.”
- Why H-1B Visas Get Cancelled
H-1B visas can be revoked for several reasons:
- Extended stay abroad without clear immigration or re-entry documentation.
- Job termination or loss of employer sponsorship.
- Fraud or misrepresentation in job titles, wages, or duties.
- Violation of visa terms, such as working at an unauthorized location.
- Employer non-compliance, like underpaying wages or failing to uphold petition terms.
- Consequences of H-1B Revocation
Once cancelled, the visa holder:
- Loses work authorization and must leave the US or find a new employer.
- Risks status loss for dependents (spouse and children).
- Faces challenges in future visa applications, possibly triggering additional scrutiny or denial.
- What To Do If Your H-1B Is Cancelled
- Use your 60-day grace period wisely. Start your job search immediately.
- Find a new sponsor. H-1B transfer within the grace window is your fastest option.
- Explore visa alternatives. Consider switching to an H-4 (dependent), B-2 (tourist), or F-1 (student) visa.
- Consult an immigration attorney. They can help assess options, file timely paperwork, and prevent status gaps.
This case underlines the importance of caution and clarity when traveling abroad on an H-1B visa, even in legitimate emergencies. Visa holders are strongly advised to document everything, monitor timelines strictly, and consult legal experts when planning extended trips to avoid facing unexpected and irreversible setbacks.
