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International Services and Engagement Office ISEO
  1. ISEO
  2. Campus Partners
  3. iServices Instructions
  4. Scholar Services
  5. Separation or Departure

Separations and Early Departures

If a Faculty/Scholar is separating/ending their activity prior to their department-requested J or H program end date, their visa status must be shortened accordingly, per federal regulations. Use the "Scholar Separation or Departure" eform within iServices.

If a scholar is separating/ending their activity on the same end date noted on their DS-2019 or USCIS approval notice, then no action is needed as the system will automatically close out their record.

When shortening a program, please also make sure to update the scholar's appointment dates with the relevant office overseeing their appointment. 

Confirm the Scholar No Longer Requires UC San Diego Visa Sponsorship

WARNING

Submitting a Separation/Early Departure will end UCSD's sponsorship of the Faculty/Scholar's visa status on that new end date. If they are not transferring their visa status to another institution or changing to a different status or permanent residency, they will have to depart the U.S. The scholar should be aware of information on the J-1 grace period or H-1B grace period. If you shorten the program to a new end date that is in the future and the scholar or department then change plans, please make sure to notify ISEO immediately.

J-1

Please be careful when submitting a J-1 early departure request and make sure the scholar is actually ending their J-1 status. They will have a 30-day grace period in which to depart the U.S. or change to a different visa status. A J-1 program should NOT be shortened in the following situations: 

  • The scholar is  moving to a different department at UCSD. If title or funding is changing, the new department should complete either the "J-1 Appointment Title Change" or the J-1 Scholar Financial Update Request" eforms.
  • The scholar is taking a Leave of Absence and intends to return to the same J-1 program. The scholar should submit a "J-1 Scholar Leave of Absence Request" eform.
  • The scholar is transferring their J-1 record to a different institution. The scholar should submit a "J-1 Scholar Transfer out Request" eform.
  • The scholar is changing to H-1B status at UCSD. The sponsoring department should submit the "New H-1B Request" eform.

H-1B/O-1/E-3

If an H-1B/O-1/E-3 employee is ending their employment at UCSD earlier than the end date of their I-797 approval notice, their petition must be withdrawn with US Citizenship and Immigration Services (USCIS); if not withdrawn, the department is liable for continuing scholar's pay.  Please be careful when submitting an early departure; programs should NOT be shortened in the following situations:

  • The scholar is moving to a different department or appointment title at UCSD. The new department should reach out to ischolars@ucsd.edu to discuss whether a new petition will need to be filed.
  • The scholar is taking a Leave of Absence and intends to remain an employee of UCSD. The scholar should reach out to their advisor to discuss potential ramifications for their nonimmigrant status.

Finally, if the department initiated an H-1B/O-1/E-3 employee's separation from employment, the department must offer to cover the reasonable cost of return transportation to the employee's home country (this does not include dependents); see Early Termination Memo. 

Required Scholar Separation/Departure Documentation (H-1B)

  • Scholar initiated: can be resignation letter or email confirming their separation or program end date (includes unpaid scholars). No particular format is required as long as ISEO can see the separation/end date and who initiated the separation (for H-1B/E-3/O-1 employees).
    • Examples of scholar initiated:
      • Scholar is leaving the U.S.
      • Scholar accepted a new position with another employer.
  • Department initiated: If the department initiated an H-1B/E-3/O-1 employee's separation from employment prior to the end date requested by the department in the USCIS petition, the department must offer to cover the reasonable cost of return transportation to the employee's home country (this does not include dependents). Please complete and attach the Early Termination Memo. 
    • Examples of department initiated:
      • Postdoc appointment ended and department decided not to extend the Postdoc appointment, however the I-797 approval notice is still valid until a date in the future.
      • Department does not have funding and has to end the appointment and H-1B/E-3/O-1 status early.
      • Scholar finished project they were hired to work on, there is no more work for the scholar, and H-1B/E-3/O-1 status is still valid until a date in the future.

Complete "Scholar Separation or Departure" Eform

Log into iServices and select the "Scholar Separation or Departure" eform and answer the questions. The eform provides the scholar's current end date as indicated on their DS-2019 or I-797 approval notice.

ISEO Review

Upon emailing the new end date and details ISEO, an assigned Scholar Advisor will review, and contact you and/or the scholar if there are any questions.

  • J-1 program will be shortened in the SEVIS database and a new DS-2019 will be issued and emailed to the scholar and department with the shortened program end date. 
  • H-1B/E-3/O-1 petition withdrawal request will be made to USCIS as of the new end date, and the LCA supporting an H-1B/E-3 petition will be withdrawn from the US Department of Labor FLAG database.

You and the scholar will receive an email confirming the date of completion/separation along with helpful resources about traveling and filing tax returns.

Other Reasons for Program Completion
that are not Separations or Early Departures

J-1 Scholar Outside Country Decided Not to Come

If a J-1 scholar was issued a DS-2019 but, before they entered the U.S., decided not to participate in the J-1 program, their SEVIS record will need to be cancelled. Please contact the ISEO advisor or ischolars@ucsd.edu with scholar name. However, please note: 

  • J-1 program dates can be amended for up to a year at a time with the J-1 record remaining active.
  • Cancelling the record will mean a new J-1 record and DS-2019 will have to be issued (with fees) if the scholar decides to come at a later time.

Scholar Changed to Permanent Residency

If the scholar changed status and is now a Permanent Resident, please instruct the scholar to complete the "Permanent Residency Granted" eform within iServices.