H-1B visa revoked for 3 in Abu Dhabi over India overstay: What should you do in this situation; H-1B recovery guide

A recent incident in Abu Dhabi has highlighted the precarious reality many H-1B visa holders face, as three individuals were denied entry to the United States and saw their visas cancelled after overstaying in India for over two months, even though they had documentation for emergencies and employer approvals.

“Happened Today: H1B Visa Cancelled at Abu Dhabi – Overstay in India Triggers Denied Entry,” the post began, capturing the shock of the moment.

He explained that despite presenting evidence of an emergency stay and providing “approval emails from company and attorney,” US immigration authorities still revoked their H-1B visas.

“Authorities revoked H1B visa and denied port of entry for 3 candidates including me for staying in India for more than 2 months,” he wrote.

Officials placed a cancelled seal on their visas under “22 cfr 41.122(h)(3),” and the group was sent back to India.

“I request you to inform others by posting this news so that I can help others,” the traveller urged, warning that “Max stay allowed is 60 days with a valid reason or better is 30 to 40 days.”

The experience emphasises the fine line H-1B holders walk when leaving the US, even for emergencies, and how quickly a visa can be invalidated if time limits are exceeded.

 

Why H-1B visas get revoked

H-1B visas can be cancelled for a variety of reasons, some beyond an individual’s control:

Job termination. If an H-1B worker is laid off or fired, the employer must notify USCIS, jeopardizing the visa holder’s status immediately.

Fraud and misrepresentation. Any false statement on the petition—such as working at an unapproved location—can trigger a revocation.

Violation of visa terms. Working in a role or at a wage different from what was approved, or failing to maintain the employer-employee relationship, can lead to cancellation.

Employer non-compliance. Companies that don’t pay the required wage or fail to provide the conditions promised in the petition risk having their employees’ visas revoked—and face legal exposure themselves.

Consequences of a cancelled H-1B

A revoked H-1B visa carries immediate and wide-ranging repercussions:

• Loss of work authorisation. The visa holder can no longer legally work for the sponsoring employer and must find a new sponsor, change status, or leave the U.S. within the 60-day grace period.

• Impact on dependents. Spouses and children on H-4 status lose their legal right to remain, work, or study once the primary visa is void.

• Future application hurdles. A revocation can raise red flags in future U.S. visa or entry attempts, often necessitating extra paperwork and legal explanations.

Steps to take if your H-1B is cancelled

Use your 60-day grace period wisely. Begin searching for a new employer immediately or explore alternative visas to maintain status.

Seek a new sponsor. Securing an H-1B transfer before the grace period ends is often the most straightforward path to remain in the U.S.

Consider visa alternatives. Options include dependent visas (H-4, L-2) or even a B-2 tourist visa to buy time while you regroup.

Consult an immigration attorney. Expert guidance can clarify your options, streamline paperwork, and help you stay compliant with U.S. immigration laws.