Is I-539 required for first H4?

[jea]

Hi,

I was on H1-B for less than a year back in 2006-07. After that I returned to India and got married 3 years ago. Now I am about to embark on a second work stint in the US. The organization that I will be joining says that my wife will need to submit an I-539 form. After doing some research, it looks to me that this is unnecessary (at best). It seems that I-539 is more suited for someone who is already in the US on some status and needs to change to another status.We are both outside the US. I have not stepped in the US in the last 4 years and she has never been there. Do we really need to file the I-539?

Thanks.

[immihelp]

She does not need I-539. She needs to go for H4 visa stamping at the U.S. consulate.

[shervin143]

Once your H1B petition with the new company gets approved, you both can go for the H1B and H4 stamping together. No need to file form I-539 for a person who is outside U.S. I-539 is filed only to change the status or extend the status of someone who is currently residing in U.S.

[jea]

Thank you so much. This is just as I had suspected.