An F-1 student’s American dream has collapsed within weeks. After graduating in December 2024 and securing H-1B approval in June, their employer laid them off just two months later in August.
H-1B Revoked Soon After Layoff
By August 29, the employer filed a petition to revoke the H-1B visa. If the graduate had stayed on F-1 status, they could have used Optional Practical Training (OPT), which allows up to a year of work after graduation.
OPT Terminated, Status Unclear
In October, the U.S. Citizenship and Immigration Services (USCIS) officially ended their OPT authorization, even though the H-1B revocation is still pending. This means the student currently has no valid work permit or legal stay in the U.S.
Slow Response and Costly Legal Help
The Designated School Official (DSO) can file a correction to restore F-1 status, but the process is slow and uncertain. Two months have already passed with no response from USCIS on the H-1B withdrawal. Meanwhile, the company attorney has asked for $500 just to contact authorities without any assurance of progress.
Experts Warn of Legal Risks
Immigration experts say reverting to F-1 after H-1B approval is often impossible. Overstaying without legal status could also harm future visa or immigration applications. Many advise leaving the country to avoid potential penalties or bans.
Caught Between Two Systems
The former H-1B holder now faces a bureaucratic trap where one visa process depends on the other. With no clarity from USCIS and no valid status, they’re left to decide whether to stay and fight for reinstatement or leave the U.S. altogether.
