Lost Job 2 Days Before H-1b Change Of Status Took Effect. Can A Withdrawal Filed After The Start Date Restore F-1 Status?
Location: Washington, USA.
A friend was on F-1 STEM OPT, with the extension application still pending. Their employer's H-1B petition was approved as a change of status effective October 1, 2026. They lost the job on September 29, so they never worked or got paid in H-1B status.
The employer has not filed a withdrawal of the H-1B petition. Their school says the F-1 record was automatically closed on October 1, and it can only be reactivated if USCIS issues an I-797 confirming the H-1B was withdrawn. The school also said only USCIS can decide whether it would accept a withdrawal filed on or after October 1.
They've spoken to an immigration attorney, who thinks returning to F-1 will be difficult and suggested trying an H-1B transfer to a new employer instead.
Questions:
- Can USCIS approve an H-1B withdrawal filed after the start date in a way that lets the F-1 record be reactivated?
- Can an H-1B transfer be filed if they never received a paycheck from the original H-1B employer?
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