Article Summary

An F-1 OPT student reported automatic SEVIS termination after their H-1B change of status approval was withdrawn by their employer before the October 1st start date. This occurred due to the H-1B activating automatically despite the withdrawal, with USCIS yet to issue formal confirmation. An immigration expert advised two solutions: obtaining formal USCIS withdrawal confirmation for a SEVIS data fix or filing an F-1 restoration petition.

TNP AI: Key Insights

This news is crucial for H-1B applicants and F-1 OPT holders, especially those whose employment plans change before their H-1B start date. It underscores the severe consequences of administrative delays and the importance of understanding the precise timing of status changes, as a lapse can lead to immediate loss of legal status.

The scenario illustrates a systemic challenge where automated status updates in SEVIS on October 1st can prematurely terminate F-1 status, even when an employer has initiated an H-1B withdrawal. This gap between employer action and USCIS formal confirmation necessitates proactive engagement with DSOs and legal counsel to ensure timely resolution and prevent individuals from accruing unlawful presence.

For employers, this emphasizes the importance of robust internal processes for H-1B withdrawals and swift communication with immigration attorneys. For individuals, understanding the available remedies, such as requesting a SEVIS data fix or filing an F-1 restoration petition, is crucial for navigating these complex administrative hurdles and maintaining legal status.