H4 Application while NIW is pending

[mushal]

I filed national interest waiver (NIW) petition, which is pending now. My wife is also included in NIW petition. However, we haven't filed I-485 yet.  Now, my employer filed H1B petition for me. I'd like file H4 application (from F2 to H4) for my wife. Now, in I-539 application, I am confused about two questions. These are:

a. Are you, or any other person included on the application, an applicant for an immigrant visa? Yes or No

b. Has an immigrant petition ever been filed for you or for any other person included in this application? Yes or No

I'd really appreciate if you could suggest me how to answer about these question. Thank you.

[pontevecchio]

Your wife is not included in the petition. She got mentioned under family and if your petition is approved she can file AOS when dates are current. Hence she has not filed an Immigration petition. You have filed one. Answering NO would be correct.

[mushal]

Thank you!