A viral social media post claimed that three Indian nationals reportedly were denied entry to the US after they flouted the rules and stayed in India for over 60 days. A message posted on the Threads narrating the situation of these three H-1B visa holders is doing the rounds, after they were stopped at Abu Dhabi immigration and their visas were revoked. The post has triggered a debate among the H-1B community as many doubted that this was fake and their entry must have been restricted for some other reason. According to the viral post, all three of them had proof of emergency and approval emails from the company and attorney, but still, they were sent back. One stayed for two months and 27 days, while the other two stayed in India for over three months. “Very sorry to hear this. Just now, three H1B holders messaged me from Abu Dhabi Airport. They were denied entry and had their H1B visas cancelled for staying in India beyond 60 days — one stayed 2 months 27 days, the others over 3 months. They’re now waiting for flights back — one to Bangalore, two to Hyderabad. Even with employer letters and emergency proof, CBP still revoked their visas under 22 CFR 41.122(h)(3),” the message read.
A Thread post shared the incident of 3 H-1B visa holders denied entry to the US.
“There is no need to be india for 3months if you are working in USA,” one user wrote. The same post on Reddit was taken down. One Redditor claimed that there is no such rule as long as the visa and the employment remain valid. “Something doesn’t seem right here. As an Indian passport holder on an H1B visa — which is a non-immigrant, temporary worker visa — you are allowed to stay outside the U.S. for an extended period, as long as your visa and employment remain valid,” the user wrote.“There is no specific law that restricts H1B holders from being outside the US for more than 60 days. It appears the immigration officers may not have followed proper guidelines in this case, and the decision to deport these individuals seems questionable,” the user added.
