Three Indian H-1B visa holders were recently denied entry into the U.S. and had their visas revoked due to an extended stay in India. U.S. authorities cited a 60-day rule, but immigration experts clarify that there is no such regulation directly cancelling an H-1B visa simply for staying outside the U.S. for over 60 days. According to Dan Nandan, CEO of Staffingly, as long as the employer hasn’t withdrawn the petition and continues to keep the employee on payroll, the visa holder remains in valid status—even if abroad.

H-1B Myths: No 60-Day Rule for Time Spent Abroad, Say Experts

Dmitry Litvinov, CEO of Dreem, reiterates that U.S. immigration law has no codified rule for automatic cancellation of an H-1B visa based on time spent outside the country. However, U.S. Customs and Border Protection (CBP) officers have broad discretion at ports of entry and may interpret a long absence as abandonment of employment, especially in light of past enforcement trends from the Trump era.

The often-cited “60-day rule” applies only after employment ends. If an H-1B worker is laid off or resigns, they have a 60-day grace period to leave the U.S., change status, or find new employment. During this time, if a valid application to change or adjust status is submitted, the individual can remain in the U.S. beyond the 60 days—even without an active job.

Understanding H-1B Cancellations: Legal Triggers and the 60-Day Compliance Trap

Visa cancellation typically occurs when the employer withdraws the petition, a worker violates visa terms (like unauthorized employment), or fraud is discovered. Being outside the U.S. is not grounds for cancellation if the job remains valid.

Varun Singh of XIPHIAS Immigration highlights how the 60-day clock has become a legal pitfall for many. In a volatile job market, timely action is crucial. Increasing requests for visa transfers and status changes reflect the urgency for legal guidance and compliance in maintaining lawful H-1B status and future green card plans.

Summary:

Three Indians on H-1B visas were denied U.S. entry due to extended stays in India, but experts clarify there’s no rule cancelling visas for being abroad over 60 days. The 60-day grace period only applies after job loss. Visa status depends on active employment, not physical presence outside the U.S.