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Three H-1B Visa Holders Denied US Entry After Over 60 Days in India

Visa cancellations under a seldom-used regulation have led experts to examine whether missing documents or remote work policies were the real cause

Two H1-B visa holders allegedly had their visas canceled at Abu Dhabi for exceeding a two-month stay in India.
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Overview

  • The three H-1B holders were stopped at Abu Dhabi preclearance after spending between nearly three and more than three months in India, and CBP officers revoked their visas citing 22 C.F.R. 41.122(h)(3).
  • They had employer letters and emergency approvals but were sent back to India pending flights home despite valid H-1B visas and I-797 approval notices.
  • Immigration lawyers note that U.S. rules do not impose a 60-day cap on foreign stays as long as visa and employment remain valid, and they question the application of the cited regulation.
  • Some experts suggest the visa cancellations may stem from undocumented employment status or failure to comply with remote work requirements.
  • U.S. Customs and Border Protection has not publicly explained the decision, leaving H-1B communities demanding clarity on travel and documentation guidelines.