Both I-129 and I-539 necessary for COS from F1 to O1?

[Mcal 0]

Hi,

I am about to send out my I-129 for O1 petition but I am having big doubts about having to send an I-539 with it. I don't have any dependents (everything I find online seems to mention I-539 are required for people with dependents only) and my F1 visa expires in a few days so I am sending the O1 petition ASAP before the F1 expires. So do I need to file both forms (and pay both fees)?

I should add that I am in the US and won't leave the country before I get the answer to the O1 petition.

Thanks

Edited February 15, 2012 by Mcal

[ds9 0]

Hi,

I am about to send out my I-129 for O1 petition but I am having big doubts about having to send an I-539 with it. I don't have any dependents (everything I find online seems to mention I-539 are required for people with dependents only) and my F1 visa expires in a few days so I am sending the O1 petition ASAP before the F1 expires. So do I need to file both forms (and pay both fees)?

I should add that I am in the US and won't leave the country before I get the answer to the O1 petition.

Thanks

In re: to your inquiry-You do not need to file I-539. That form is for limited non-immigrant visa categories. You should file I-129 and Supplement O form. On Form I-129, you should check the box "New employment" on page 2, part 2, item 2. Hope this helps! Good luck.