An Indian professional holding an H-1B visa recently recounted a distressing and unforeseen incident where they were denied entry to the United States and sent back to India from Abu Dhabi preclearance, despite possessing a valid visa and all necessary documentation. This experience, shared in an NRI social media group, underscores the complexities and potential pitfalls in the U.S. immigration process for foreign workers.
Seamless Departure from Hyderabad
The journey began smoothly at Hyderabad's airport, where the individual faced no immigration issues. All documents, including the passport and visa, were thoroughly checked and cleared without any hiccups, setting the stage for what was expected to be a routine travel experience.
Unexpected Halt at Abu Dhabi Preclearance
However, the situation took a dramatic turn at the Abu Dhabi preclearance facility. Upon arrival, the person was stopped and called to the immigration counter, where officials confiscated their passport and I-797 approval notice. What followed was an intense interrogation focused on the specifics of their employment.
Detailed Scrutiny of Job Details
The immigration officers posed detailed questions about the nature of the job, inquiring whether the individual worked at a client location or remotely. The person explained that their role was hybrid or remote, blending both on-site and off-site work arrangements. Additionally, officials asked if they were currently on vacation or actively employed, and requested recent pay stubs as proof of ongoing employment.
Issue with Employer Change
After reviewing the pay stubs, the officials raised concerns about a change of employer. The individual disclosed that they had switched employers approximately six months prior and presented the new I-797 approval notice from the current employer. Despite this, the visa stamp on the passport still reflected the previous employer, with validity until March 26, 2026. The incident occurred on January 11, highlighting a discrepancy between the visa stamp and current employment status.
Immigration Officials' Firm Stance
The immigration authorities insisted that the visa needed to be updated to reflect the current employer. They pointed out that the visa was "close to expiry" in terms of its alignment with the employer and advised against traveling without obtaining a new stamp. The individual explained their intention to book a visa appointment soon but noted the unavailability of slots, a common challenge in the current system.
Polite but Unyielding Decision
Despite the explanations, the officials remained polite but firm in their decision. They did not cancel the visa or stamp anything on the passport but simply stated that travel to the U.S. was not permitted at that time. Arrangements were made for the person to return on the next available flight, requiring them to collect their luggage and head back to India.
Emotional and Mental Toll
The individual expressed shock and stress over the situation, emphasizing that they had traveled with all valid documents, including the new I-797 and pay stubs, and had encountered no issues at departure in Hyderabad. Being stopped and sent back from Abu Dhabi was mentally taxing, with limited opportunity to explain beyond the requirement for updated stamping with the current employer.
This incident sheds light on the heightened scrutiny faced by H-1B visa holders, particularly those with remote work arrangements or recent employer changes, and serves as a cautionary tale for others in similar situations.
