Question regarding form I-539

[amitsonu38]

Hello everyone,

I have a question regarding H-1B visa transfer. After finishing my study from US, I got my first H-1B visa on year 2009 and I started my job on H-1B visa from Oct 2009. I got it stamped from India next month. my visa was valid till Sep 2012. Last year I got another offer and transferred my H-1B visa on their name. That transfer has also been approved by USCIS but USCIS changed the exp date. not my visa is valid till Mar 2012 only but my I-94 is still valid till Sep 2012. That time my new employer didn't ask me to fill any form. I provided them all the information they asked but I myself didn't fill any form. but now I have got another offer from new company and they are transferring my visa on their name. They have asked me to fill the form I-539. is this I-539 form is used while you transfer your H-1B visa for new employer? I thought we only use it when we extend our stay.
Please correct me if I am wrong? am i supposed to fill this I-539 form too while applying for H-1B visa transfer?

Thanks a lot for your help !!!!

Regards,
Amit

[shervin143]

Form I-129 is the form that is required to transfer your H1B. The employer can request the extension using the same form. I-539 is required to file the extension for the dependents. If you don't have any dependents, then check with your new employer to see why they are asking you to fill form I-539.

[amitsonu38]

Thanks a lot for your reply Shervin. You are right, they may be applying for my extension as well. I'll check with them though.

Thanks once again.
Amit

[shervin143]

Form I-539 is NOT used to file the extension for the primary H1B holder. Form I-129 is used for that purpose. Read my previous reply one more time.

Thanks a lot for your reply Shervin. You are right, they may be applying for my extension as well. I'll check with them though.

Thanks once again.
Amit