Change of Status I539 for wife with approved I-140 for husband

I’m currently on F-1 STEM OPT, and got a new job where they are filing H1-B for me. My I-140 has been approved about 9 months ago (EB-1A), and I’m waiting to file I-485 (Backlogged for Indians currently)
My wife is currently on F-2 in the US, and my new employer will change her status from F2 to H4 using I-539 along with my H1-B application (concurrent). I’m trying to figure out the answer to these questions in the I-539 for my wife.

  1. Are you, or any other person included on the application an applicant for an immigrant VISA, YES or NO.
  2. Has an immigrant petition EVER been filed for you or for any other person included in this application, YES or NO.

In my approved I-140, my wife’s name has been listed.

My thinking is: I have not applied for any VISA by going to any consulate or anything. Therefore, answer to (1) should be no.
Since her name was included in my I-140, the answer for (2) is yes.

Can someone please provide advice on this?


Your assumptions are correct.

1 Like

This is correct. You have to fill NO for it.
An i140 is an immigrant visa, your wife will be a derivative of your i140, thus she is an application (derivative applicant) of an immigrant visa