Three Indian H-1B visa holders denied entry into the US for overstaying in India

Three Indian H-1B visa holders were denied entry into the United States after returning from India as they had overstayed beyond the allowed period, as per a social media post.

Despite reportedly having valid justifications for their overstay and letters from their employers supporting their case, they were asked to board return flights back to India.

According to a social media user, nris_adda, one of the individuals who was at Abu Dhabi shared his ordeal via text message. He reported that the US immigration officers at Abu Dhabi reviewed their H-1B visas and denied them entry under 22 CFR 41.122(h)(3).

The message stated that they were facing a difficult situation with US immigration authorities, despite providing proof of emergency, approval emails from their company, and support from their attorney. Immigration officers cancelled their visas, stamped them as cancelled, and sent them back to India.

The social media user also shared on ‘Threads’ that the three individuals are now awaiting flights one to Bengaluru and two to Hyderabad.

All three had stayed in India for more than 60 days– one for 2 months and 27 days, and the others for over 3 months. Despite employer letters and documented emergencies, US Customs and Border Protection (CBP) still cancelled their visas under 22 CFR 41.122(h)(3) and denied them entry.