H-1B Visa Holder Faces Cancellation at Abu Dhabi Preclearance Over Remote Work from India
A Redditor on an H-1B visa has reported a distressing incident where her passport was stamped with "cancelled and withdrawn" at the Abu Dhabi preclearance facility while she was traveling back to the United States in January. She was accompanied by her husband, who faced no issues and was cleared without any problems. This case sheds light on the complexities and uncertainties surrounding H-1B visa regulations, particularly in the context of remote work and recent appointment delays.
Details of the Travel and Visa Stamping
The woman explained that she traveled to India in November to celebrate her daughter's first birthday. Fortunately, she and her husband managed to secure their H-1B visa stamping appointments on December 12, 2025, just before the widespread chaos in visa scheduling began. Their appointments were scheduled before December 15, 2025, which is when the State Department initiated social media vetting, leading to massive rescheduling of visa appointments. As a result, many H-1B workers have been stranded in India, with appointment dates pushed to April or May 2026, and now, no dates are available for 2026 at consular offices.
Their return ticket to the US was booked for January. Upon reaching the Abu Dhabi preclearance, the woman's case was flagged for further inspection, while her husband was allowed to proceed without any hindrance.
Questioning and Reasons for Visa Cancellation
During the preclearance process, the woman was subjected to a series of questions by immigration officials. She was asked about the duration of her stay in India and whether she had been working from India during that time. The Redditor disclosed that she stayed in India for two months, combining work and vacation. She was on paid time off but admitted to working partially from India for her US-based employer.
She was then sent for a secondary inspection, where officials requested proof that her remote work from India was mentioned in her Labor Condition Application (LCA). Since this information was not included in her LCA, the officials deemed her actions non-compliant with US law. They argued that she had "overstayed" in India and that receiving payment while working remotely from India for a US company violated regulations.
Consequently, her visa was cancelled, and her passport was stamped with "Cancelled and Withdrawn." She was informed that she would need to undergo visa stamping again. However, she faces a significant hurdle: there are currently no available visa appointment slots, leaving her in a state of extreme stress and uncertainty about her next steps.
Legal Perspectives and Broader Implications
The woman sought advice from her company's immigration attorney, who contested the officials' decision. The attorney stated that there is no explicit rule prohibiting remote work from India while employed by a US company and advised her to pursue stamping again. Despite this, the lack of appointment slots complicates the situation, highlighting the broader visa chaos affecting H-1B holders.
This incident underscores a grey area in US immigration law regarding remote work for H-1B visa holders. While some companies have permitted Indian H-1B employees to work remotely from India during their stranding, the legal ramifications remain unclear for both employers and employees. The recent visa appointment rescheduling has exacerbated these challenges, leaving many workers in limbo.
The Redditor's experience serves as a cautionary tale for H-1B visa holders planning international travel, especially those considering remote work from their home countries. It emphasizes the importance of ensuring all work arrangements are documented in compliance with visa requirements and the need for greater clarity in immigration policies.
