(UNITED STATES) A foreign student on F-1 OPT with a pending STEM extension fell out of lawful status after a delayed H-1B withdrawal created a chain reaction that ended in an automatic SEVIS termination on October 1. The case, shared by the student online, illustrates how a missed confirmation from U.S. Citizenship and Immigration Services (USCIS) can set off an error that school officials say they cannot fix until federal systems sync. The student, who lost their job before the H-1B change of status took effect, is now in limbo while waiting for USCIS to confirm the employer’s H-1B withdrawal in writing.
The timeline is painfully familiar to many international graduates in the United States. The student was working under F-1 OPT with a STEM extension pending. The employer’s H-1B petition with change of status was approved with an October 1 start date. Before that date the job ended and the employer asked USCIS to withdraw the H-1B. But by October 1, written proof of the H-1B withdrawal hadn’t arrived.
SEVIS—treating October 1 as the switch date—auto-completed the F-1 record, which the school then read as a status end. The Designated School Official (DSO) told the student the Student and Exchange Visitor Program (SEVP) could not reverse the SEVIS termination until USCIS issued official confirmation of the H-1B withdrawal.
The student’s plea was direct: has anyone else faced SEVIS termination due to delayed H-1B withdrawal confirmation, and is there any way to speed it up or protect status? That question highlights a broader fear among F-1 OPT holders: even when you do everything right, different agency timelines can still put you at risk.
Policy conflict behind the status gap
The mechanics are simple but unforgiving:
- Once an H-1B change of status is approved, SEVIS treats October 1 as the effective shift from F-1 to H-1B.
- If the H-1B is withdrawn before October 1 but USCIS does not quickly send confirmation, SEVIS may still auto-terminate the F-1 record as “completed.”
- Without that confirmation, SEVP generally will not authorize a data fix.
The result is a technical hole in the record: no active F-1 status, and no recognized H-1B status either.
Immediate risks
This leaves the student exposed. While facts are case-specific, immediate risks include:
- Being considered out of status
- Losing work eligibility under F-1 OPT / STEM
- Facing trouble with future visa applications or reentry
The longer the gap, the greater the chance of compounding problems, including potential removal proceedings if the situation remains unresolved.
The broader message is stark: international students depend on precise timing between agencies that do not always move at the same speed. Universities and attorneys have long warned about this October 1 cliff. According to analysis by VisaVerge.com, cases like this are rare but deeply disruptive because students cannot control USCIS mailrooms, service centers, or internal notifications that drive SEVIS updates.
As of October 14, 2025, the Biden administration has not announced policy changes to close this particular gap. Officials in the field say the best defense is early planning and rapid documentation when employment changes occur.
Options, risks, and what schools can do
There is no one-size-fits-all path, but several steps can help mitigate risk:
Immediate actions to pursue
- Employer follow-up with USCIS
- The employer or their attorney should push for written confirmation of the H-1B withdrawal.
- Provide proof that the withdrawal request was sent before October 1.
- Ask for expedited acknowledgment based on the risk of unlawful presence.
- Keep dated courier receipts and copies of the withdrawal letter.
- DSO coordination with SEVP
- The student should give the DSO all documents tied to the H-1B withdrawal.
- The DSO can request a SEVIS data fix to reverse the SEVIS termination, though many DSOs report SEVP won’t act until USCIS confirmation arrives.
- Maintain the paper trail to speed agency action once confirmation arrives.
- Reinstatement to F-1
- If reversal isn’t quick, file a request for reinstatement. USCIS reviews whether the violation was beyond the student’s control and whether the student remains otherwise eligible.
- The filing is discretionary; timing and evidence matter.
- Typical filing uses Form I-539, Application to Extend/Change Nonimmigrant Status. The official form and guidance are at Form I-539, Application to Extend/Change Nonimmigrant Status.
- Approval is not guaranteed.
- Alternative status or departure
- Consider a different temporary status or a short, orderly departure to avoid accruing unlawful presence while agencies coordinate.
- Each option carries tradeoffs for future travel and benefits.
- Legal counsel
- An experienced immigration attorney can assess whether the record supports reinstatement or a data fix, and advise on timing, travel risks, and employer documentation.
Practical, preventative steps for stakeholders
- Employers:
- Send H-1B withdrawal letters as soon as employment ends and use tracked delivery.
- DSOs:
- Brief graduating students on the October 1 risk when an H-1B change of status is pending, especially for those on F-1 OPT with STEM extensions.
- Students:
- Keep backups of every document—job offer, termination notice, H-1B approval, withdrawal request, delivery proof—and share them with the DSO.
- Attorneys:
- Consider advising employers to request consular processing instead of change of status when job stability is uncertain, recognizing that choice is fact-specific.
How resolution looks and the limits of current practice
In this case, speed is the central issue. Confirmation delays can last weeks or months, and during that time the student is caught between systems. The stress is intense: no clear work rights, risk to future visas, and constant worry about travel. For universities, it’s another reminder that even strong compliance cannot overcome slow interagency communication.
Despite the hardship, there is a logical end point if the paper trail supports it:
- Once USCIS issues written confirmation that the H-1B was withdrawn before October 1, the DSO can ask SEVP to restore the F-1 record.
- If approved, the student’s status can be repaired and they may continue on the F-1 track.
- If dates don’t line up or confirmation is late, reinstatement may be the only route left.
Community advocates say the fix should not rest on students. They argue that USCIS and SEVP should build a faster notice path for H-1B withdrawal cases linked to F-1 records near automatic completion dates. Universities echo that ask, saying they need a reliable way to pause an automatic SEVIS action when a pending withdrawal could change the outcome. For now, those ideas remain proposals.
As of October 14, 2025, agency officials have not rolled out a new process under President Biden to address this narrow but harmful timing problem. Processing backlogs and confirmation lags still pose real risks for students crossing from F-1 to H-1B and back again. Until a durable solution arrives, the best defense is:
- Early employer action
- Airtight documentation
- Steady follow-up with both the DSO and USCIS
For the student at the heart of this story, the path forward hinges on one thing: prompt USCIS confirmation of the H-1B withdrawal. When that piece falls into place, SEVIS can be corrected. Until then, the student remains in status limbo—waiting for two federal systems to agree on what everyone involved already knows.
This Article in a Nutshell
A graduate on F-1 OPT with a pending STEM extension lost lawful status after an employer withdrew a pending H-1B change-of-status petition but USCIS failed to provide timely written confirmation before the H-1B effective date of October 1. SEVIS auto-completed the F-1 record, and SEVP said it cannot reverse the termination until receiving formal USCIS confirmation that the H-1B was withdrawn prior to October 1. The student lost work authorization and now awaits documentation. Recommended responses include the employer demanding written withdrawal confirmation, DSO coordination to request a SEVIS data fix, pursuing reinstatement via Form I-539 if needed, or considering alternative status or departure. The case highlights an interagency timing gap; agencies had not announced a fix as of October 14, 2025. Early planning, tracked documentation, and legal counsel are advised.
