H-1B Withdrawal Delay: F-1 Student Caught in Limbo

An F-1 student on OPT is facing a serious SEVIS record issue after an H-1B withdrawal delay. The student had an approved H-1B petition but was laid off before it came into effect, leaving their immigration status uncertain.

Employer Filed Withdrawal Request

After the layoff, the employer filed a formal withdrawal request for the H-1B petition. Despite this, the SEVIS system automatically closed the student’s F-1 record. This action placed the student out of status in the US.

USCIS Delay Triggers Crisis

The core issue is linked to USCIS logistical delays. More than two months after the withdrawal request was filed, the agency has not processed it. The H-1B case still appears as approved on the online portal.

DSO Unable To Fix SEVIS Record

Because the withdrawal is not reflected in USCIS records, the Designated School Official cannot act. Without confirmation, the DSO cannot request a SEVIS data fix from SEVP. This has blocked all corrective steps.

OPT And Travel Put On Hold

The student is currently unable to work, travel, or continue OPT. Being out of status has frozen all lawful activity. Immigration experts say this is a serious but common technical issue.

SEVIS Defaults To Change Of Status

The SEVIS system defaults to Change of Status processing. In many cases, it ignores pending or unprocessed withdrawal requests. This often creates conflicts between USCIS and SEVIS records.

Layoff Reason Sought By Experts

The student has been asked to provide the specific reason for the layoff. This detail may help assess whether the SEVIS closure can be reversed. However, experts agree the situation remains difficult.

Immigration Limbo Continues

The general consensus is that the student is stuck in an immigration limbo. The immediate requirement is official USCIS withdrawal confirmation from the employer.

Possible Next Steps

Once the withdrawal is confirmed, the DSO can submit a formal SEVIS Data Correction request. If that request is denied, the student must apply for F-1 Reinstatement using Form I-539.