Leaving Temple University: Important Visa and Tax-Related Information

Before you leave Temple University, be sure to inform your Department Administrator. S/he should notify Human Resources and the Office of International Student and Scholar Services of the end date of your Temple University appointment. Depending on your visa status, ISSS may be required to notify the appropriate U.S. government agencies that you have left Temple.

Keep ALL visa documents (e.g. Forms DS-2019 / I-797 / I-20 / I-94) in a safe place. You may be asked to provide copies of these documents in the future if you apply for a new benefit with USCIS, if you apply for US Legal Permanent Residence (green card) or if you depart and then return to the United States.

Human Resources provides general information for nonresident alien students, faculty and staff at the Temple University. The information should not be considered tax advice and individual circumstances may not be covered by this information. Temple University does not provide individual tax consultation.

Review the tax information on Human Resources' website

Before leaving the US, all aliens except those specifically exempted must obtain an IRS certificate of compliance, popularly known as a "sailing permit." If you establish to the satisfaction of IRS that you intend to return to the US and that your departure does not jeopardize the collection of income tax, you can get a sailing or departure permit by filing Form 1040-C or Form 2063 without having to pay the tax shown on it. The sailing or departure permit issued by the IRS can be used for all departures during the current year. The Form 2063 is preferred over the 1040-C, because the 2063 form is much simpler to prepare. Taxpayers can qualify to file Form 2063 in lieu of Form 1040-C if you have filed all U.S. income tax returns you were required to file, you paid any tax due, and you have no taxable income for the year of departure and for the preceding year. Please reach out to the IRS with any questions as our office is not authorized to discuss sailing permits.

IRS Sailing Permit

Ending your Authorized Stay Earlier Than Originally Planned

J-1: If you leave Temple more than 15 days before the end date on your DS-2019, ISSS is required to shorten your J-1 program in SEVIS. Your J-1 program will end as of your early completion date. We will confirm this date with you and your Department before processing the SEVIS event.
Employment Visa Holders (H-1B, TN, E-3, O-1): Temple may be required to notify USCIS and/or the U.S. Department of Labor if you leave Temple before the end date of your immigration status. Please notify ISSS in writing if you complete, withdraw, or resign from your appointment prior to the expiration of your current status, and provide the specific date of early termination.

Transfering To Another Institution

J-1 Scholars, their department and ISSS will need to work closely with the new institution during the J-1 Transfer Process. Contact sarah.froberg@temple.edu for more information.
Employment Visa Holders (H-1B, TN, E-3, O-1): Please contact ISSS for more information. Either a Form I-129 will need to be filed with USCIS or you will need to depart the US and reenter with the documentation to support the transfer process. Contact sharonl@temple.edu for more information.

Grace Periods

Note that individuals in their "Grace Period" may not engage in any employment.

F-1 OPT: Individuals in F-1 status (and their dependent family members) have an automatic 60-day grace period after the end date of their F-1 OPT during which they may remain in the US.
J-1: Individuals in J-1 status (and their dependent family members) have an automatic 30-day grace period after the end date of their J program during which they may remain in the US.

Discretionary Grace Periods for Employment Visa Holders (H-1B, TN, E-3, O-1):

Unlike the F and J immigration categories, there is no automatic "grace period" for aliens holding an Employment Immigration status (E-1, E-2, E-3, H-1B, L-1, or TN) after their period of authorized stay ends or after their employment terminates. However, DHS may in its discretion grant grace periods to certain employment-based nonimmigrants, including:

A 10-day period before and after the validity period of the petition, in the E-1, E-2, E-3, H-1B, L-1, or TN categories
Up to 60 days once during each authorized validity period in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN categories, during which DHS will not consider the worker and his or her dependents will "to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based"

The application of these rules can be complicated.

The grace periods are not automatic
They are granted on a discretionary, case by case basis by DHS
The beneficiary may not work during either a 10-day or a 60-day grace period
Since they deal with maintenance of individual immigration status, nonimmigrant workers should consult an experienced immigration lawyer if they have detailed questions about their own particular case.

International Studentand Scholar Services

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International Student
and Scholar Services

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