Murthy Law Firm Pushes for Easier Fix When Students Stay in F-1 Instead of Switching to H1B

Each year, thousands of F-1 students are granted a change of status to H1B, with an effective start date of October 1st. But plans sometimes change before the start date. The employer may withdraw the H1B petition before it ever takes effect, leaving the student wishing to continue in F-1 status.

Challenges with Current Process for Remaining on F-1

Right now, the Student and Exchange Visitor Program (SEVP), which is managed by U.S. Immigration and Customs Enforcement (ICE), normally requires students and their schools to provide written confirmation from the U.S. Citizenship and Immigration Services (USCIS) before fixing the student’s SEVIS record. The problem is that the USCIS often takes many months to send such confirmation – if they send it at all – causing students’ records to terminate in error and leaving them in difficult situations.

Correspondence Sent to SEVP

The Murthy Law Firm contacted SEVP and recommended a practical solution: SEVP should accept confirmation from the U.S. Department of Labor (DOL) that the required H1B labor condition application (LCA) was withdrawn. Once an LCA is withdrawn, the H1B petition tied to it is no longer valid. DOL confirmations are available much more quickly, often immediately online, and would provide students faster, reliable proof to keep their F-1 status without interruption.

SEVP has acknowledged receipt of our recommendation and referred it to its Policy Unit for review. If accepted, this change would help prevent needless stress and protect students from falling out of status due to inter-agency timing delays.

Conclusion

The Murthy Law Firm will continue to advocate for students and keep the community informed on developments.

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