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H-1B Cancelled at Airport Over India Stay

H-1B Cancelled at Airport Over India Stay

A Reddit post detailing the cancellation of an H-1B visa at a US preclearance facility has sparked intense discussion across social media platforms.

According to the now-deleted post, a woman working full-time in the United States said her H-1B visa was cancelled during US preclearance at Abu Dhabi International Airport.

She had travelled to India in November to celebrate her daughter’s first birthday and stayed for about two months. During this period, she said she used Paid Time Off (PTO) and also worked part-time remotely for her US employer.

The woman and her husband completed visa stamping in December. However, while returning to the US in January, her husband was cleared, but she was sent for secondary inspection.

During questioning, officials reportedly told her that she had “overstayed” in India and that receiving a US salary while working from India violated US immigration rules.

Her visa was subsequently cancelled and marked “Cancelled and Withdrawn,” and she was advised to reapply. However, she said no visa slots were currently available.

Her company’s immigration lawyer reportedly told her that remote work from India is not illegal, leaving her stressed and seeking advice.

Although the original Reddit post was later removed by the user, screenshots continued to circulate widely online.

Commenting on the issue, US-based entrepreneur James Blunt described the case as a “221(i) visa cancellation at preclearance.” He said US Customs and Border Protection (CBP) officers have “extremely broad discretion” at ports of entry.

Blunt explained that under US immigration law, CBP does not require the same level of proof as USCIS when approving or denying an H-1B petition.

“The trigger for scrutiny was probably long periods spent abroad and mixing vacation with remote work,” he said.

“Even if the underlying legal argument is weak, CBP can cancel the visa stamp. That does not revoke the approved H-1B petition, but it forces the individual to go through the stamping process again,” he added. Calling the action “ridiculous,” Blunt said it was still legally within CBP’s authority.

He also questioned why people continue to travel abroad when even pro-immigration advocates are warning against it.

“Stop travelling unless it’s an emergency,” he advised, adding that there are plenty of places to visit within the US and no shortage of Indian food either.

SkillStorm co-founder Hany Girgis also weighed in, suggesting the cancellation may have occurred because the remote work was not reflected in the Labour Condition Application (LCA).

“You cannot be paid by a US company and perform work outside the listed worksite. The entire H-1B programme is built on ‘specific job, specific employer, specific location’,” he said.

The episode has once again highlighted the uncertainty surrounding travel, remote work, and enforcement discretion for H-1B visa holders.

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Tags: H-1B Visa