A viral post circulating on social media has sparked concern among H-1B visa holders, claiming that three Indian nationals were denied re-entry into the U.S. for staying in India for more than 60 days.
According to a post shared on Threads, the individuals were stopped at Abu Dhabi immigration and had their H-1B visas cancelled before being sent back to India.
The message stated that despite having employer approval letters and legal documentation for emergency leave, U.S. Customs and Border Protection (CBP) officials revoked their visas under 22 CFR 41.122(h)(3).
One of the individuals had reportedly stayed in India for 2 months and 27 days, while the other two had been away for over three months.
“They’re now waiting for flights back — one to Bangalore, two to Hyderabad,” the post read, expressing shock over the incident.
The same claim, when posted on Reddit, was later taken down.
One Reddit user questioned its authenticity, noting that there is no known regulation barring H-1B holders from staying outside the U.S. beyond 60 days, as long as their visa and employment remain valid.
“There doesn’t appear to be any such rule. This situation sounds off. H-1B holders can remain outside the U.S. for extended periods if their visa is valid and they are still employed,” the user wrote.
Others echoed similar sentiments, suggesting the visa cancellations might have involved other factors and not merely the duration of stay in India.
The incident has stirred debate and confusion within the H-1B visa community, with calls for greater clarity around re-entry rules and CBP's discretionary powers.
