Student loses visa status after H-1B visa delay: Expert suggests next steps

A student's SEVIS record was terminated after an H-1B withdrawal delay, raising concerns about status loss and the need for swift USCIS confirmation

An international student in the United States shared on Reddit that their Student and Exchange Visitor Information System (SEVIS) record was terminated after a delay in processing an H-1B change of status (COS) withdrawal, leaving them in legal uncertainty. The student, who was on F-1 Optional Practical Training (OPT) with a pending STEM extension, said their H-1B COS had been approved with an October 1 start date.

 

“Unfortunately, I lost my job before October 1, so the employer filed an H-1B withdrawal request with USCIS before the start date,” the student wrote.

 

The problem began when the US Citizenship and Immigration Services (USCIS) did not issue written confirmation of the withdrawal. “Because of that delay, 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 explained.

 

 

Caught in a legal limbo and technically out of status, the student asked others online if they had faced a similar situation — SEVIS termination caused by a delayed H-1B withdrawal confirmation — and what steps could help fix it.

 

What caused the SEVIS termination?

 

According to Adesh Nandal, advocate at Jotwani Associates, the issue arose from the automatic activation of the H-1B change of status on October 1, even though the employer had already filed a withdrawal request.

 

“The individual’s predicament arises from the automatic activation of their H-1B change of status (COS) on October 1, despite the employer filing a withdrawal request prior to the start date. Because USCIS had not issued written confirmation of the withdrawal, the SEVP system auto-completed the SEVIS record, effectively terminating their F-1 status,” Nandal explained to Business Standard.

 

What options are available to correct SEVIS termination?

 

“The primary option is to obtain formal withdrawal confirmation from USCIS. Once received, the Designated School Official (DSO) can request a SEVIS data fix, allowing SEVP to retroactively correct the termination and reinstate the student’s F-1 status,” said Nandal.

 

If that is not possible, the next option is to file an F-1 reinstatement petition with USCIS under 8 CFR 214.2(f)(16). “Reinstatement is usually granted when the termination was beyond the student’s control, provided they have otherwise complied with F-1 regulations and not engaged in unauthorised employment,” he added.

 

A third, more complex choice is to leave the United States and re-enter on a valid F-1 visa with a new I-20 issued by the DSO. “While this resets the status, it comes with logistical challenges, possible scrutiny at the port of entry, and disruptions to academic progress, so it must be undertaken with legal advice,” he explained. 

 

How can USCIS confirmation be expedited?

 

From a legal and practical standpoint, quick action is crucial. Nandal said the student should immediately work to secure USCIS confirmation of the H-1B withdrawal through:

 

• USCIS service requests or online case inquiries

• Escalation via the USCIS Ombudsman

• Congressional liaison assistance to speed up processing

• Filing a formal expedite request citing risk of status violations and immigration consequences

 

What should students do in the meantime?

 

“Simultaneously, the individual must coordinate closely with their DSO so that a SEVIS data fix can be submitted as soon as the withdrawal confirmation is received. If reinstatement becomes necessary, the petition should include proof that the lapse occurred only because of administrative delays and not because of the student’s actions,” said Nandal.

 

He advised that during this period, students must avoid unauthorised employment and maintain detailed records such as employer correspondence, USCIS communication, and DSO logs. “If neither SEVIS correction nor reinstatement is possible, the last option remains departure and re-entry on a new F-1 visa — but this should be carefully planned to prevent complications with future visa eligibility or admissibility,” he added.