Woman Says H-1B Visa Was Cancelled For 'Overstaying In India', Sparks Debate

A Reddit user on an H-1B visa has alleged that her visa was abruptly cancelled at the Abu Dhabi preclearance facility while she was returning to the United States with her husband in January. She said she had travelled to India in November to celebrate her daughter's first birthday. According to her post, there were no problems with visa stamping because their appointments had been booked before mid-December 2025, prior to the wave of reported disruptions in US visa processing.

While her husband was cleared without any difficulty, she was stopped during preclearance questioning. She was asked about the length of her stay in India and whether she had continued working during that period. The woman explained that she had remained in India for about two months and that the trip was a mix of vacation and limited work. Although she was officially on paid time off, she admitted she had worked partially while abroad.

She was then directed to secondary inspection, where officers asked her to provide documentation showing that remote work from India was permitted under her Labor Condition Application (LCA). She said that such a provision was not included in her paperwork.

According to her account, officials accused her of effectively "overstaying" in India and stated that drawing a salary from a US employer while working from India violated US regulations. Her visa was subsequently stamped "Cancelled and Withdrawn," and she was told she would need to apply again.

However, she claimed there are currently no available visa appointment slots, leaving her stranded. Her company's immigration attorney has reportedly advised that remote work from India is not unlawful. The woman said she is under significant stress and is seeking advice on her next steps.

US-based entrepreneur James Blunt weighed in on the situation, describing it as a "221(i) visa cancellation at preclearance." He noted that officers from US Customs and Border Protection (CBP) exercise extremely broad discretion at ports of entry.

Assuming this H-1B visa cancellation is a real Reddit post:

This looks like a 221(i) visa cancellation at preclearance.

CBP has EXTREMELY BROAD discretion at ports of entry (including Abu Dhabi preclearance). They do not have to prove a violation the way USCIS does during… pic.twitter.com/Hd76JvynQP

— James Blunt (@JBlunt1018) February 24, 2026

Under US immigration rules, CBP officers are not bound by the same evidentiary standards that US Citizenship and Immigration Services (USCIS) follows when adjudicating H-1B petitions.

Blunt questioned why travellers continue to make nonessential trips amid heightened scrutiny, pointing out that even pro-immigration advocates have cautioned against it. He advised H-1B holders to avoid international travel unless absolutely necessary.

"Is it ridiculous? YES. From a legal authority standpoint, however, CBP absolutely has the power to do this. Given the current enforcement posture, WHY are people still traveling when even pro-immigration advocates are warning against it? Tell a friend to stop traveling unless it's an emergency; there are beautiful places to visit in the US, and we have great Indian food. Come on folks, it's not that difficult," he commented. 

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