Latest news with #I-797
Time of India
17 hours ago
- Business
- Time of India
H-1B visa holder? Here's what you must know before a planning a long stay outside the US
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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Suomalaiset eivät ole tietoisia tästä vähän tunnetusta edusta Aurinkopaneelit | Haku mainoksia Undo 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. Is your child ready for the careers of tomorrow? Enroll now and take advantage of our early bird offer! Spaces are limited.
Hindustan Times
20 hours ago
- Business
- Hindustan Times
Why did a 60-day trip to India get two H-1b visas canceled? Redditor weighs in
How ridiculous can your visa ordeals get? A Reddit user has cited that they read a since-deleted post claiming that two visa holders had their US work visas cancelled simply for spending over two months in India. The alleged incident reportedly took place at the Abu Dhabi preclearance facility, where U.S. immigration officers screen travellers before they even board a plane to the United States. Two H1-B visa holders allegedly had their visas canceled at Abu Dhabi for exceeding a two-month stay in India.(Representational Image) The Redditor claimed the travellers' visas were cancelled on the spot, allegedly because they had spent more than 60 days outside the U.S. 'Just read a post on threads that a couple of H1-B visa holders had their visas cancelled during at the Abu Dhabi pre clearance because they stayed in India for over 2 months. Is that even true?' the post read. Denied entry at Abu Dhabi preclearance byu/WasRedder86 inh1b ALSO READ| One honest answer cost him his US visa, claims Indian, Reddit weighs in 'I've stayed for months (worked remote) and returned back with no issues — afaik there is no limit of how long you can stay out of the country as long as your visa/797A remains valid and in status.' Another Reddit post claims the rejection was 'due to some other problem' However, Immigration lawyers and experienced visa holders pointed out that as long as a person's H-1B visa and I-797 approval notice are valid, and they are still on payroll and in good standing, staying abroad, even for a few months, is typically not an issue. Some speculated that the visa cancellations may have been due to documentation issues, such as missing employer letters or pay stubs. Others suggested U.S. officers may have questioned whether the individuals were still actively employed, especially if they were working remotely from India for an extended period. However, another post for the same subreddit claimed, 'I am the immigranation office who rejected visa in Abu Dhabi. It was due to some other problem and not due to length of stay.' ALSO READ| Amazon hire unable to start job due to this H-1B visa hurdle, Reddit weighs in Meanwhile, some legal experts argue that extended remote work from abroad might not count toward the H-1B's six-year stay limit, which could raise flags during inspection. For this reason, larger companies sometimes take H-1B workers off the U.S. payroll during long stints abroad.
