F-1 OPT Reinstatement Process Clarified After H-1B Withdrawal Causes Status Termination

A recent case reported on social media highlights a critical vulnerability for international students. An Indian student on F-1 OPT had their status automatically terminated after their approved H-1B petition was withdrawn by the employer.

The situation underscores the complex interplay between different U.S. visa statuses. According to Reuters, such administrative gaps can create significant hurdles for foreign workers.

How an H-1B Withdrawal Triggers F-1 Termination

The problem occurs due to an automated process within the U.S. immigration system. When an H-1B petition with a change of status is approved, the system prepares to switch the individual’s status on October 1.

If an employer withdraws the petition after approval but before that date, a lag in processing can create a conflict. The Student and Exchange Visitor Information System (SEVIS) may still automatically terminate the F-1 record.

This leaves the individual in a legal limbo. They are no longer on their F-1 OPT and the H-1B is no longer valid.

Official Pathways to Regain Legal Status

Immigration experts point to a clear, though time-sensitive, solution. The primary recourse is to obtain formal confirmation of the H-1B withdrawal from U.S. Citizenship and Immigration Services (USCIS).

With this official notice, a Designated School Official (DSO) can request a SEVIS data correction. This asks the Student and Exchange Visitor Program (SEVP) to retroactively fix the termination and restore the F-1 status.

If a data fix is not possible, the only remaining option is more arduous. The individual must file a formal application for F-1 reinstatement with USCIS.

This process requires demonstrating that the status violation was beyond the student’s control. It also demands that the applicant has not worked without authorization.

The case serves as a stark reminder for those on F-1 OPT with a pending H-1B change of status. Proactive communication with employers and immigration counsel is essential to navigate these risks and understand the F-1 OPT reinstatement process.

Thought you’d like to know

What is the main cause of F-1 termination after an H-1B withdrawal?

It is caused by an automated system error. SEVIS often terminates the F-1 record automatically when the H-1B change of status date passes, even if a withdrawal was filed. This happens before USCIS officially confirms the withdrawal.

What is the first step to fix a terminated SEVIS record?

The first step is to get the formal H-1B withdrawal notice from USCIS. Your DSO needs this document to submit a SEVIS data correction request to reverse the termination.

How long does a SEVIS data correction take?

Processing times can vary. It may take several weeks for SEVP to review and act on the data fix request. During this time, the student typically cannot work.

What happens if the data correction fails?

If the data fix is not approved, you must file for F-1 reinstatement on Form I-539. This is a formal application to USCIS and requires paying a fee and providing extensive evidence.

Can you work while your F-1 reinstatement is pending?

No, you cannot work on OPT after your SEVIS record is terminated. Work authorization is suspended until your F-1 status is officially restored.