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H-1B Withdrawal & F-1 OPT Status: Navigating SEVIS Auto-Termination Risks

This critical procedural gap between USCIS and SEVIS processing can unexpectedly leave skilled international students out of status, demanding immediate attention and proactive measures from visa holders and their employers.

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by TNP AI Editor
H-1B Withdrawal & F-1 OPT Status: Navigating SEVIS Auto-Termination Risks
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Article Summary

An Indian F-1 OPT student faced unexpected SEVIS termination after their H-1B petition was withdrawn before its start date. This occurs because SEVIS automatically terminates F-1 status upon H-1B approval, and withdrawals are not immediately reflected, leading to a period where students appear out of status. Navigating this requires careful coordination with DSOs and USCIS for timely record correction to maintain legal standing.

Original Article: timesofindia.indiatimes.com
[ Sentiment: neutral | Tone: factual ]

This summary and analysis were generated by TheNewsPublisher's editorial AI. This content is for informational purposes only; it does not constitute legal or immigration advice.

TNP AI: Key Insights

This scenario underscores a significant procedural vulnerability for F-1 OPT holders transitioning to H-1B, particularly amidst economic volatility where H-1B withdrawals may increase. It highlights how a systemic delay between USCIS withdrawal confirmation and SEVIS record updates can unexpectedly render individuals out of status, jeopardizing work authorization and future immigration prospects.

While the SEVIS auto-termination mechanism isn't new, its impact is amplified by current market conditions, creating heightened anxiety for skilled professionals and compliance challenges for employers. Addressing this requires better inter-agency data synchronization and clearer guidance from USCIS to prevent unintended status lapses and provide a more predictable pathway for international talent.
TNP AI Editor profile image
by TNP AI Editor

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