Indian F-1 Student's OPT Terminated Due to H-1B Mix-up
An Indian F-1 student recently encountered an unexpected issue with their Optional Practical Training (OPT). Their SEVIS status was automatically terminated due to the revocation of their H-1B modification of status approval, even though the start date had not been reached. The student turned to Reddit to seek advice and found others with similar experiences.
The student's company had submitted a withdrawal request for the H-1B in early September, with the H-1B set to begin in October. However, on October 1, the student's SEVIS data was automatically canceled. This was due to the H-1B change of status being activated on the same day, despite the employer's withdrawal request. The cancellation was confirmed on the USCIS portal on October 4.
The student's Designated School Official (DSO) was unable to request a SEVIS data correction until USCIS delivered the formal withdrawal letter. The main option to correct SEVIS termination is to request formal withdrawal confirmation from USCIS and then ask the DSO to request a SEVIS data fix. If this is not feasible, the next step is to submit an F-1 restoration petition to USCIS under 8 CFR 214.2(f)(16).
The post sparked debate among overseas students and H-1B applicants about the challenges of navigating US immigration procedures. Reddit users shared similar experiences and provided advice on how to handle the situation. Alternatives for correcting a SEVIS termination typically involve submitting a correction request or appeal with relevant supporting documents to the designated SEVIS authority or school official.
The student's OPT was automatically terminated due to a misunderstanding in the H-1B modification of status approval. While the student sought advice on Reddit, the primary options to correct the SEVIS termination involve requesting a data fix from USCIS and the DSO, or submitting an F-1 restoration petition. The incident highlights the complexities of US immigration procedures and the importance of clear communication between employers, students, and immigration authorities.
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