F-1 OPT Termination After H-1B Withdrawal: How Indian Students Can Fix SEVIS Status?
In September, the Trump administration announced a hike in the H1B visa fee. Moreover, there were ongoing proposals to eliminate the OPT (Optional Practical Training) program in USA for F1 students. Even though the bill has not yet been passed, a few students have faced termination of their F1 OPT status after H1B application was withdrawn by the US employer. This has caused uncertainty amongst the current students in USA. This has also raised questions about SEVIS records, visa status, and recovery options. Students are wondering if they can reverse the SEVIS termination. Read this article to understand the current situation of F1 students in USA and related details.
This Story also Contains
- F1 OPT Termination After H1B Withdrawal in USA
- Why is F1 OPT Being Terminated in USA?
- How to Correct SEVIS Termination?
F1 OPT Termination After H1B Withdrawal in USA
Recently, an Indian student shared their experience of having their F1 OPT terminated after their employer withdrew the H1B petition before it even started. The withdrawal was submitted in early September, while the H1B was about to start on October 1. The SEVIS system automatically canceled the student’s F1 status. By October 4, the cancellation of the H1B was visible on the USCIS portal. The student also stated that until USCIS officially issued a withdrawal document, the DSO (Designated School Official) could not even request a correction. This scenario has caused uncertainty and doubts amongst the students who are currently studying in USA. If the applications start getting withdrawn by the Trump administration, then students will be left with no option.
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Why is F1 OPT Being Terminated in USA?
With the introduction of the increased H1B visa fee of $100,000, existing students in the USA and aspiring students are left in doubt and are questioning what their future will look like in USA. Now, with the F1 OPT being terminated in the USA, it is noticed that the system was not prepared as per the new rules. As per Adesh Nandal, an advocate with Jotwani Associates, the USCIS withdrawal was not officially acknowledged for the Indian students who got their F1 OPT visa terminated. He believes that the SEVP (Student and Exchange Visitor Program) system continued to recognize the H1B status as valid, which led to the termination of the student’s F1 status in SEVIS. This indicates that the system does not have a temporary option to pause the activation while waiting for official confirmation of a withdrawal. The system automatically terminated teh F1 visa status of the Indian student.
How to Correct SEVIS Termination?
In case an F1 student faces such issues while studying in USA, they can ask their Designated School Official (DSO) to request SEVIS to correct the status. Students have the following options to get their SEVIS termination corrected in USA.
Ask your employer or USCIS to provide a formal written withdrawal of the H1B petition. Once you have that document, your Designated School Official (DSO) can submit a SEVIS request to SEVP, asking them to correct the status.
If the SEVIS denies doing so, you can also file an F1 restoration petition under 8 CFR 214.2(f)(16).
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Frequently Asked Questions (FAQs)
Q: What happens if your F1 visa is terminated?
A:
When an F-1 or M-1 SEVIS record is terminated, the student loses the complete on/off-campus employment authorization. As a result, he/she cannot re-enter the US.
Q: What is an F-1 OPT?
A:
OPT (Optional Practical Training) is a great work opportunity for international students who are F1 visa holders in the US. It allows them to gain work experience in the US, and a chance to get PR.
Q: How long can I stay in the USA after an H-1B termination?
A:
You can stay up to 60 consecutive days to stay in the US after your H-1B is terminated as it it a grace period.
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