H-1B Withdrawal Error Wrecks Student’s OPT Status

USCIS error affecting STEM OPT student

An F-1 student on STEM OPT is facing a sudden status crisis because of a USCIS administrative mistake. You are affected after USCIS approved an H-1B Change of Status even though the employer withdrew it earlier, triggering serious consequences.

How USCIS Error Triggered SEVIS Termination

ADVERTISEMENT

Despite the H-1B Change of Status withdrawal, USCIS approved the petition. This action automatically marked your SEVIS record as Completed. As a result, your STEM OPT and legal work authorisation ended immediately.

Why the DSO Cannot Fix the Issue

Your Designated School Officer cannot correct the SEVIS record without an official USCIS withdrawal receipt. Without this document, the system blocks any data-fix request. You remain stuck even though the error did not come from you.

Experts Call It an Administrative Error

Immigration experts say this is not a status violation. It is a clear administrative mistake. If the H-1B withdrawal happened before the start date, your SEVIS record should be reinstated without penalty.

Grace Period Risks After H-1B Start Date

If the withdrawal occurred after the H-1B start date, you may be in the 60-day grace period. In this situation, you must act immediately. Delays can weaken your case and reduce available remedies.

Congressional Inquiry Is Critical

You must urgently request a congressional inquiry. This forces USCIS to review the error and respond. Without escalation, your case may remain unresolved despite clear evidence of fault.

CIS Ombudsman Support Option

You should also approach the CIS Ombudsman. File Form DHS-7001 to seek intervention. This step often helps push stalled USCIS cases forward.

Stop Working Until Status Is Resolved

Immigration lawyers strongly advise you to stop working immediately. Continuing employment can create unauthorised work issues. Pausing work protects your future immigration options while the case is under review.

Delay Can End Your US Immigration Journey

Without fast action, your future in the US stays at risk. A single administrative error can derail years of planning. Immediate escalation is the only way to safeguard your immigration status.

ADVERTISEMENT
Latest Stories