Question details
If an H-1B Change of Status is approved in June (effective October 1st) but the individual is laid off shortly after with only a few days of F-1 STEM OPT unemployment left, what happens if a new job is secured while an H-1B withdrawal request remains unacknowledged by USCIS, causing the SEVIS record to close?
ANSWER
FAQ Transcript
This situation represents a systemic flaw. When USCIS approves an H-1B change of status, SEVIS automatically closes the F-1 record. Because USCIS can take 6-7 months to officially process H-1B withdrawals, students are left without work authorization. The only current resolution for affected individuals is to join together in a lawsuit against the government to compel a system update.