H-1B visa holder? Here's what you must know before a planning a long stay outside the US

Time of India

10 hours ago

What H-1B visa holders must know before leaving the US.
A recent viral social media post has raised fresh concerns among H-1B visa holders, particularly those planning extended trips abroad. The post claims that three Indian professionals were denied re-entry to the US after staying in India for more than two months.
All three were reportedly stopped at the US pre-clearance facility in Abu Dhabi, where their visas were cancelled under 22 CFR 41.122(h)(3) — a regulation that allows US Customs and Border Protection (CBP) officers to revoke visas at their discretion.
While the US government has not officially confirmed these cases, the incident has led to confusion about whether there is now an informal limit on how long H-1B holders can remain outside the country.
Here's a closer look at the rules, eligibility, and what travelers should keep in mind.
H-1B travel rules: What you need to know
The H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers in specialty occupations, typically for a period of three to six years. While there is no official rule that restricts H-1B holders from staying outside the US for more than 60 days, US border authorities retain wide discretionary powers. If officers believe that the visa holder has abandoned their job in the US or cannot provide sufficient proof of continued employment, they can revoke the visa on the spot.
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This is especially true at the US pre-clearance facilities — like the one in Abu Dhabi — where immigration checks occur before boarding the flight. Officers at these checkpoints have the authority to deny boarding and cancel visas if they determine that the visa's terms are no longer being met. So while the "60-day rule" isn't codified in law, it reflects a practical risk threshold that visa holders are now increasingly wary of crossing.
What keeps your H-1B status intact?
To maintain valid H-1B status, a person must continue working for their sponsoring US employer or be able to clearly demonstrate an ongoing employer-employee relationship. This holds true even during temporary stays outside the United States, including periods of remote work.
Short-term remote work or emergency travel abroad may not necessarily violate visa conditions, but travelers must be well-prepared to prove that their US employment was never discontinued or abandoned.
Immigration officers may question the intent or status upon re-entry — especially after prolonged absences — and decisions are often made on a case-by-case basis.
To reduce the risk of issues at the port of entry, H-1B visa holders should carry:
Recent pay stubs to prove continued employment and salary payments.
A valid I-797 approval notice, confirming the terms of the current H-1B employment.
A detailed employment verification letter from the sponsoring company.
Any attorney-issued documentation affirming lawful status and remote work permissions.
Even with these documents, officers may scrutinize the situation if the time abroad seems excessive or unaccounted for. That's why the key to eligibility isn't just having a visa stamp — it's being able to prove that your US job is still active and ongoing, no matter where you physically are.
What not to do while you're away
Traveling to India or any other country is permitted under the H-1B visa, but extended stays without adequate documentation or preparation can lead to serious complications — including denial of re-entry or visa cancellation. To avoid such outcomes, H-1B holders should keep the following points in mind:
Do not stay abroad for more than 60 days unless you have consistent proof of employment, such as pay slips and active job responsibilities.
Never assume that a valid visa stamp guarantees re-entry. US immigration officers assess your current job status — not just the visa validity.
Avoid using US pre-clearance airports (e.g., Abu Dhabi, Dublin, Toronto) when returning after an extended stay. These locations have stricter screening, and officers there can cancel visas before you board the flight.
Don't rely solely on an employer letter. While important, it is not enough by itself. Supporting documents like I-797 forms, tax records, and legal affidavits help build a stronger case.
If your return to the US follows a long absence, travel only after preparing a full documentation set that proves your continued employment and compliance with H-1B conditions. Skipping this step can lead to last-minute surprises — and even being turned away before boarding.
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