H-1B or OPT? F-1 Student’s Work Status in Mess

F-1 student visa status confusion

An international student on an F-1 visa in the US is stuck in a serious bureaucratic mess. Their H-1B was approved through consular processing, but they never left the country to activate it. This detail has triggered a chain of errors.

USCIS Error Creates Status Confusion

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Despite staying in the US, USCIS assumed you moved to H-1B status. Based on that assumption, they denied your STEM OPT. This decision ignored the fact that consular processing needs physical departure for activation.

STEM OPT Approved but SEVIS Not Fixed

After you filed a motion, USCIS approved your STEM OPT. However, your SEVIS record still shows your status as completed. This technical mismatch blocks your restoration of status and keeps you in limbo.

Missing I-797B Halts SEVIS Update

The Student and Exchange Visitor Program requires the physical I-797B approval notice to correct SEVIS. Nearly two months have passed, and your employer still has not received it. Without this document, nothing moves forward.

Mailing Delays Worsen the Situation

Experts confirm that USCIS is facing severe mailing delays. Because of this, your Designated School Officer cannot update your SEVIS record. You remain without a clear legal status despite having approvals on record.

I-94 Becomes Your Only Proof

Your legal standing now depends on your I-94. If it shows F-1 with Duration of Status, you remain in status. Even then, your employer still needs the I-797B to verify your work eligibility.

Urgent Need for USCIS Escalation

You must contact USCIS immediately to track the missing notice. This case likely needs escalation. Delays like this leave immigrants extremely vulnerable, especially in the current anti-immigrant climate in the US.

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