A recent Reddit post shed light on a challenging issue faced by international students in the United States. An Indian student on F-1 Optional Practical Training (OPT) unexpectedly found their immigration status terminated after their H-1B petition was withdrawn. This article delves into how SEVIS records function and outlines crucial steps students can take when navigating such complex situations.
Transitioning from OPT to H-1B: A Sudden SEVIS Disruption
The student, initially on F-1 OPT with a STEM OPT extension pending, had an H-1B change of status petition filed by their employer. This petition was approved with an effective date of October 1st. However, before this date arrived, the student unfortunately lost their job, prompting the employer to submit a withdrawal request to USCIS.
Despite the H-1B withdrawal occurring prior to its official start date, SEVIS automatically terminated the student’s record on October 1st. The student recounted 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.” This left them in a precarious “out of status” situation while awaiting official confirmation, a deeply unsettling experience for anyone navigating complex immigration regulations.
Understanding SEVIS’s Automatic Response
This perplexing situation stems from the distinct ways SEVIS (Student and Exchange Visitor Information System) and USCIS (U.S. Citizenship and Immigration Services) process changes in immigration status. When an H-1B petition requesting a change of status is approved, SEVIS is programmed to automatically mark the individual’s F-1 status as terminated on the H-1B’s designated start date.
Consequently, if the H-1B petition is withdrawn before this effective date, SEVIS cannot update its records to reflect the F-1 status continuation until USCIS officially acknowledges and processes the withdrawal. This administrative lag means students can inadvertently find themselves “out of status” even if they never commenced H-1B employment.
For students relying on STEM OPT, maintaining valid F-1 status is paramount for their continued work authorization. Any interruption or lapse can jeopardize their ability to extend OPT, remain legally in the U.S., and continue their employment.
Navigating Bureaucratic Timelines and Delays
The timeline for these processes presents another significant hurdle. Even after an employer submits an H-1B withdrawal request, USCIS can take several weeks, or even months, to officially confirm it. This delay is a common pain point, echoed by numerous international students in online forums.
During this waiting period, SEVIS continues to display the H-1B approval, leading to the automatic termination of the F-1 OPT or STEM OPT record. To rectify this, the student’s Designated School Official (DSO) must formally request a SEVIS data correction from SEVP (Student and Exchange Visitor Program) once USCIS has confirmed the withdrawal.
Adding to the stress, SEVP processing times can also vary, sometimes extending over several weeks. Until both the USCIS confirmation and the SEVP data correction are complete, students technically remain out of status, potentially impacting their eligibility to travel, work, and maintain legal residence.
Enduring this prolonged period of uncertainty while striving to regain proper immigration status and comply with regulations can be incredibly stressful.
Expert Guidance: How to Handle a SEVIS Termination
Students facing this predicament have several avenues to explore. The initial and most critical step is to obtain official confirmation from USCIS regarding the H-1B withdrawal. This proof can manifest as an employer’s withdrawal letter, USCIS receipt notices, or direct correspondence with USCIS.
Once USCIS has confirmed the withdrawal, the DSO can then submit a request to SEVP for a “SEVIS data fix” to retroactively reinstate the student’s F-1 OPT or STEM OPT status. If SEVIS is unable to perform this correction, students might need to apply directly for F-1 reinstatement through USCIS, providing comprehensive documentation that explains how their status was affected.
Seeking legal counsel from an immigration attorney can be immensely beneficial. Attorneys specializing in F-1 and H-1B regulations can offer invaluable assistance with communications to both USCIS and SEVP, ensuring that students maintain lawful presence throughout the entire process. Furthermore, meticulously maintaining thorough records of all correspondence and submissions is absolutely vital. A general cautionary note: students should refrain from traveling outside the United States until their SEVIS status issue is fully resolved.
Key Takeaways for International Students
This Reddit narrative brings to light a significant hurdle that many international students encounter but often goes undiscussed. The interplay of automated system rules and prolonged federal processing times can place students at considerable risk, even when they diligently adhere to all correct procedures.
Effective coordination with your Designated School Official (DSO), obtaining prompt USCIS confirmation, and maintaining meticulous records are indispensable for safeguarding your legal immigration status. This experience powerfully emphasizes the necessity for students to thoroughly understand complex immigration processes and to act proactively.
Transitioning from F-1 OPT to H-1B status demands unwavering vigilance, diligent preparation, and a keen awareness of potential delays or unforeseen complications. Ready to navigate complex global policies and secure your future overseas? Expert guidance is available to help you.