A recent uptick in visa cancellations has raised serious concerns among H-1B professionals, especially those who travel frequently between the U.S. and their home countries. Some H-1B visa holders have been denied entry into the United States after extended stays abroad, leading to confusion about whether there’s a “60-day overstay rule” that triggers automatic cancellation.
At Orange Law, we’ve reviewed the facts and legal standards surrounding this issue. Here’s what every H-1B visa holder needs to understand about the 60-day rule, employment status, and when visa cancellation is legally justified.
Does the 60-Day Rule Apply to Time Spent Outside the U.S.?
No. There is no provision in U.S. immigration law that automatically voids an H-1B visa if the holder remains outside the United States for more than 60 days. The 60-day rule is frequently misunderstood and often misapplied, even by those working in immigration-adjacent spaces.
The 60-day grace period applies only when an H-1B worker’s employment ends, whether voluntarily or due to termination. It gives the individual time to either:
- File a change of status
- Find new H-1B sponsorship
- Leave the country voluntarily before falling out of status
Remaining outside the U.S. for more than 60 days does not cancel a valid H-1B visa—unless other conditions apply, such as withdrawal of the employer’s petition or inactivity on payroll.
Why Were Some H-1B Visas Recently Cancelled at the Airport?
Recent reports indicate that several H-1B holders were denied entry after long stays in India or other home countries. However, those visa cancellations were not because of overstaying abroad. Instead, the revocations were likely tied to questions about their current employment status.
Whether the H-1B status is valid or not is decided by the CBP officers based on their own judgement; they have full authority. If the visa holder cannot demonstrate continued employment with a sponsoring company—especially if payroll has been inactive—the officer may conclude that the individual has abandoned their H-1B status.
What Actually Triggers H-1B Visa Revocation?
The U.S. government can cancel or revoke an H-1B visa for several specific reasons:
- Employer Withdraws the Petition: If your employer formally notifies USCIS that you are no longer employed, your visa is no longer supported.
- Violation of Visa Terms: If you do unauthorised work or do not follow H-1B job rules, your visa may be cancelled.
- Site Visit or Investigation: If USCIS conducts a site visit and determines that you’re not working as described in your petition, they may initiate revocation proceedings.
- Fraud or Misrepresentation: Any false information given during the visa process can trigger immediate cancellation.
- Overstay Within the U.S.: If your authorized period of stay expires and you fail to file a change of status or extension, your visa may be voided.
Travel outside the U.S. for extended periods is not itself grounds for cancellation, unless it suggests that the individual is no longer maintaining the job or residence tied to their visa.
What Happens During the 60-Day Grace Period?
If the job of any H-1B worker ends suddenly, this grace period is given to save his/her legal status. Within those 60 days, the visa holder can:
- Seek new sponsorship
- File a change of status to another visa category
- Apply for adjustment of status (if eligible)
- Leave the U.S. to avoid accruing unlawful presence
This grace period is designed to offer legal flexibility, not as a countdown to deportation. If you do not take the required action within the 60-day grace period, your visa status may be lost, and you may face problems in obtaining future visas.
Can You Return to the U.S. After Extended Travel on an H-1B?
Your travel is allowed as long as your H-1B status is active and the employer has not officially removed your name from his/her list. However, travelers should carry:
- Recent pay stubs
- Updated employment verification letters
- Valid visa stamp and passport
- A copy of the I-797 approval notice
If you are returning to the US after a long time, border officers can ask you for proof of your ongoing job. If the documents are not there or they feel the job is over, your entry can be rejected.
Tip from Orange Law: Before traveling abroad for an extended period, confirm your employer has not made any changes to your employment status and ensure you are still being paid according to H-1B requirements.
What Employers Should Know
Employers also play a role in compliance. If an H-1B employee is on unpaid leave for more than 60 days and the company does not have a proper leave policy, this could be viewed as a loss of valid status. It is the employer’s duty to maintain wage records, report changes, and comply with Department of Labor requirements.
If you’re an employer navigating layoffs, restructuring, or international placements for H-1B workers, consult legal counsel to avoid accidental violations that could harm both the employee and the company.
Legal Guidance That Keeps You On Track
H-1B visa holders are under growing scrutiny, especially at U.S. ports of entry. While there is no law that cancels an H-1B visa after 60 days abroad, your employment status must remain clearly documented and active. Misunderstandings or lack of paperwork can lead to visa revocation—even when you’ve done everything right.
The 60-day grace period is a useful option, but it must be used correctly. It is not an excuse for Overstay, but part of the legal process.
Need Help with H-1B Status or Travel Concerns? Contact Orange Law today for trusted legal guidance.
