Recovery Steps for Students After H-1B Delay and Cap-Gap Loss

A growing number of F‑1 students are slipping out of lawful status in 2025 after an H‑1B delay, withdrawal, or denial breaks the bridge between Optional Practical Training and the planned H‑1B start date. The stakes are high: once status is lost and the SEVIS record is terminated, unlawful presence may begin, which can trigger bars on future reentry. Schools and employers say they are seeing more of these cases as backlogs, employer changes, and policy shifts collide during the Cap‑Gap period meant to carry students through to October 1.

Under current rules, Cap‑Gap automatically extends F‑1 status and work permission when a timely H‑1B petition is filed for a change of status and a start date of October 1. But that safety net ends the moment the petition is withdrawn or denied. SEVIS, the government tracking system for student status, will often reflect that change quickly.

For students counting on a smooth handoff to H‑1B, a late‑stage disruption can cause job loss, a scramble for legal options, and hard choices about staying or departing. VisaVerge.com reports that careful documentation and fast coordination with school officials and USCIS often make the difference between recovery and long‑term setbacks.

Policy context in 2025

This year’s framework has several moving parts that shape outcomes.

• If an employer pulls an H‑1B petition before the approved start date, the student may—if otherwise eligible—ask the school to request a SEVIS data fix to reactivate F‑1. That request depends on written confirmation from USCIS that the H‑1B was withdrawn.
• If the employer acts after the approved start date, the door to that SEVIS repair normally closes, and students must look to other paths.

A separate pressure point is the 60‑day grace period that may follow H‑1B denial or revocation. During that time, students can:

• seek a new sponsor,
• change to a different status, or
• prepare for departure.

The Department of Homeland Security has discretion here; the grace period is not guaranteed. If unlawful presence starts and continues to run, it can lead to 3‑ or 10‑year bars once the person leaves the country. That risk pushes students to act quickly and keep precise records of every step.

A presidential proclamation effective September 21, 2025 adds another layer: a $100,000 fee on certain new H‑1B filings. As of October 2025, this fee does not apply to petitions filed before the effective date or to those already approved. It will mainly affect future cases, including the 2026 lottery and new filings after the effective date. While the headline number has rattled employers and foreign graduates, it usually does not change the immediate steps for students dealing with a terminated SEVIS record after an H‑1B delay this year.

Travel choices remain tricky. Some students consider leaving the United States 🇺🇸 and returning on a new F‑1 visa with a fresh I‑20. That may work for some, but it can draw extra questions at the port of entry, and there is a real chance of refusal. Return on H‑1B is only possible if the petition remains valid and unwithdrawn. Given the high stakes, many lawyers urge careful, documented planning before any international trip.

USCIS explains the Cap‑Gap rules, timing, and eligibility for F‑1 students with pending H‑1B petitions on its website. The agency’s page on this topic remains a key reference for schools, employers, and students weighing their next steps, and can be found here: USCIS Cap‑Gap guidance for F‑1 students.

Immediate steps students should take

Students who lose status after an H‑1B delay need to move fast and build a clear paper trail. Experts recommend these first actions:

1. Contact the Designated School Official (DSO)
   • The DSO can review the SEVIS record, confirm the reason for termination, and advise whether a data fix may be possible if the H‑1B was withdrawn before the approved start date.
   • Without the correct timing and USCIS proof, a data fix is unlikely.

1. Get USCIS confirmation
   • Ask the employer for proof of withdrawal or, if needed, submit an online inquiry or service request to obtain a written response from USCIS.
   • Keep copies of all emails, letters, notices, and call logs with dates.
2. Consider F‑1 reinstatement if SEVIS repair isn’t available
   • Some students file for F‑1 reinstatement with USCIS, arguing the violation flowed from administrative delay rather than their own actions.
   • This path is complex, slow, and approval is not assured, but it remains an option.

If a SEVIS data fix is not possible, the 60‑day window becomes the working clock. During that period, three practical choices arise:

• Find a new H‑1B sponsor willing to file a petition before the grace period ends. Timing is tight and counsel is advisable.
• Seek a change to another status (dependent, visitor, etc.), if eligible.
• Depart the United States before the grace period ends to stop unlawful presence from accruing.

Documentation and employer responsibilities

Good documentation is often decisive. Key points:

• Request copies of withdrawal notices from the employer—those documents often help with SEVIS corrections and future visa applications.
• Employers who end a job or pull an H‑1B must formally withdraw with both USCIS and the Department of Labor.
• If employers fail to withdraw, they can remain liable for wages through the petition’s end date.

Practical guardrails:

• Do not work without authorization after status ends. Unauthorized work can harm future petitions or visa interviews.
• Track unlawful presence carefully; even one day can count toward future bars.
• When in doubt, ask the DSO to confirm SEVIS dates and compare them to USCIS notices.

Escalation tools and resources

When normal channels stall, the following resources can help:

• USCIS Contact Center for service requests
• SEVP Response Center at 1‑800‑892‑4829 for SEVIS problems
• Congressional office inquiries for case escalation when delays persist
• USCIS Ombudsman for review and intervention if answers do not arrive

VisaVerge.com’s analysis shows students who use these tools early often get faster clarity on SEVIS status and avoid gaps that lead to longer out‑of‑status periods.

For official background on Cap‑Gap rules and eligibility, see USCIS guidance on F‑1 Cap‑Gap. For SEVIS‑related record issues, schools and students can contact the SEVP Response Center at the number above. Those exploring case escalations can reach out to the USCIS Contact Center first and then consider the Ombudsman if answers do not arrive.

Practical considerations and advocacy

• Timing matters for the $100,000 H‑1B fee: petitions filed before September 21, 2025 are not subject to the fee. New filings on or after the effective date are the ones affected.
• Students recovering from a terminated SEVIS record today should focus on restoring F‑1, shifting to another status, or planning a careful exit—rather than assuming the new fee changes their immediate choices.

Human stories illustrate the stakes: a STEM graduate on extended OPT might lose an approved H‑1B after an employer merger; another student might face a denial weeks before October 1. In both cases, Cap‑Gap ends, SEVIS is terminated, and a critical clock starts.

Advocates recommend policy changes to reduce harm, such as clearer guidance on the 60‑day grace period, faster responses to withdrawal confirmation requests, and better alignment between USCIS and SEVIS updates. Until then, the best strategies are practical and procedural:

Move fast, document every step, avoid unauthorized work, and choose the recovery path (SEVIS fix, reinstatement filing, status change, or departure) that best protects long‑term immigration goals.

While the system is complex, the most effective defense against lasting harm is simple: act quickly, keep clean records, and make every decision with an eye on long‑term status and future visa plans in the United States 🇺🇸.