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.
- Are you, or any other person included on the application an applicant for an immigrant VISA, YES or NO.
- 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?