Indian F-1 OPT student shares SEVIS termination experience after H-1B withdrawal

A Reddit post recently brought attention to a tricky situation affecting international students in the United States. An Indian student on F-1 Optional Practical Training (OPT) found themselves unexpectedly out of status after an H-1B petition was withdrawn. The post highlights how SEVIS records work and what steps students can take when caught in similar circumstances.

OPT to H-1B: Facing a sudden SEVIS challenge

The student was on F-1 OPT and had a STEM OPT extension pending when their employer filed an H-1B change of status petition. The petition was approved with an October 1 start date. Before that date, the student lost their job, and the employer submitted a withdrawal request to USCIS.

An Indian F-1 OPT student shares H-1B withdrawal experience in the US

Even though the withdrawal happened before the H-1B start date, SEVIS automatically terminated the student’s record on October 1. The student shared on Reddit, “On October 1 my SEVIS record was auto-completed since the H-1B COS technically activated, and my DSO says SEVP cannot fix it until USCIS officially confirms the withdrawal.” They were left out of status while waiting for official confirmation, a confusing experience for anyone navigating immigration rules.

Why SEVIS reacts this way

The issue comes from how SEVIS and USCIS handle status changes. Experts explain that when an H-1B petition with a change of status is approved, SEVIS automatically marks the F-1 status as terminated on the H-1B start date. If the H-1B is withdrawn before that date, SEVIS cannot reflect the change until USCIS confirms it.As a result, students can appear out of status even if they haven’t begun H-1B employment. For those on STEM OPT, keeping F-1 status valid is critical for continuing work authorization. Any lapse can affect the ability to extend OPT, remain legally in the United States, or continue employment.

Typical timelines and delays

Another challenge is timing. Even after an employer files an H-1B withdrawal request, USCIS can take weeks or even months to confirm it. Several Reddit users shared similar experiences. During this time, SEVIS still shows the H-1B approval, which automatically terminates the F-1 OPT or STEM OPT record.The student’s Designated School Official (DSO) must ask SEVP for a SEVIS data correction after USCIS validates the withdrawal. Additionally, SEVP processing times can differ, occasionally spanning several weeks. Students are technically out of status until both procedures are finished, which may have an impact on their ability to travel, work, and general legal standing.Waiting through this period can be stressful, as students try to regain proper status and remain compliant with immigration rules.

How to navigate through a situation like this

There are several choices available to students in this circumstance. Obtaining official confirmation from USCIS of the H-1B withdrawal is the first step. Proof may be provided by employer letters, receipt notices, or direct correspondence with USCIS.The DSO can request a SEVIS data fix to retroactively reinstate F-1 OPT or STEM OPT status after USCIS confirms the withdrawal. Students may need to apply for F-1 reinstatement through USCIS with supporting documentation outlining the reasons why their status was impacted if SEVIS is unable to make the correction.Legal advice can be beneficial. In addition to ensuring that students maintain lawful presence throughout the process, immigration attorneys knowledgeable about F-1 and H-1B regulations can help with communications to USCIS and SEVP. It is crucial to maintain thorough records of all correspondence and submissions. Students are generally advised not to travel outside the United States until their SEVIS issue is resolved.

Lessons from real experience

The Reddit post highlights a challenge many international students face but few discuss. Automatic system rules and federal processing delays can put students at risk even when they follow correct procedures. Coordinating with a DSO, securing USCIS confirmation, and keeping thorough records are key to protecting legal status.The story underscores the need for students to understand immigration processes and act proactively. Moving from F-1 OPT to H-1B requires vigilance, preparation, and awareness of potential delays or unexpected complications.