Daijiworld Media Network - Washington
Washington, Jun 23: A viral post on social media has triggered widespread concern among H-1B visa holders after it claimed that three Indian nationals were denied entry into the United States and had their visas revoked at Abu Dhabi Airport for allegedly staying in India for over 60 days. The individuals, reportedly on H-1B work visas, were said to be returning to the US after attending to personal emergencies.
According to the message circulating on Threads, the three travellers — one who stayed in India for 2 months and 27 days, and two others who remained for over three months — were stopped at immigration in Abu Dhabi while en route to the U.S. Despite having supporting documents such as employer approval emails and attorney letters, they were allegedly denied boarding and had their visas cancelled under 22 CFR 41.122(h)(3), a regulation that allows U.S. Customs and Border Protection (CBP) to revoke visas at the port of entry.
The post has since gone viral, raising alarm among the H-1B community online. While many expressed sympathy and concern, others cast doubt on the authenticity or accuracy of the incident.
“There is no official rule that limits H-1B visa holders to 60 days outside the U.S.,” wrote one user on Reddit before the post was removed. “As long as your visa is valid and you're actively employed, you should be fine,” they argued, adding that decisions by CBP officers are sometimes made on discretionary or procedural grounds not always shared publicly.
Legal experts also weighed in, suggesting that visa revocations under 22 CFR 41.122(h)(3) are rare but possible if CBP suspects misrepresentation, status violations, or other red flags. However, extended stays abroad, in themselves, are not considered a direct violation of H-1B status — unless they imply that the worker is not maintaining active employment or has abandoned U.S. residence, especially in absence of remote work arrangements.
The U.S. Department of Homeland Security and CBP have not issued any public clarification or rule change on this matter, leading to further confusion.
Until more verified information surfaces, immigration attorneys are advising H-1B holders to travel with thorough documentation — including employer verification, pay stubs, and legal advisories — especially when returning from longer-than-usual stays abroad.
The incident highlights growing anxiety among visa holders amid increased scrutiny at U.S. ports of entry, and serves as a reminder that border officials retain broad discretion in visa enforcement — even when rules may not appear to have been violated on paper.