F-1 Student’s SEVIS Terminated: H-1B Filing Error?

An international student on an F-1 visa recently faced sudden termination of their SEVIS record. The issue arose after the student had filed an H-1B petition. The unexpected deactivation created confusion about their legal status in the United States.

The H-1B petition was approved in January. However, it was filed under consular processing and not Change of Status COS. Normally, only an H-1B approval under COS leads to closure of a student’s SEVIS record.

Experts explain that such errors can happen due to automated federal systems. H-1B approvals within the US are often linked to Change of Status through Form I-797A. In contrast, consular processing approvals are issued through Form I-797B.

Applicants approved via I-797B should retain their valid F-1 status. In this case, the SEVIS termination appears to be a clerical or system error. The student’s immigration standing should not have been impacted.

The student has been advised to contact their Designated School Officer DSO immediately. If informed within 15 days of the SEVIS closure, the DSO can quickly reactivate the record. This step is crucial to maintain lawful status.

If more than 15 days have passed, the DSO must submit a formal correction request to SEVP. Processing times may vary, though some students report resolution within a week. The student must provide the I-797B approval notice as proof of status.