H4 TO F1 COS with an approved I140

[subhradip]

I am filing COS from H4 to F1 for my wife, while my i140 is approved.what should be the answer to below question from form I539:

Are you , or any other person included on the application, an applicant for an immigrant visa??
•Has an immigrant petition ever been filed for you or for any other person included in this application??

I have seen mixed answers to above questions, some say if i write YES, it is a direct denial. while some say I539 is for my wife, so both answers should be NO, as the application is only for my wife. what can be the implications if i mention NO.

My lawyer is asking me to write YES, but explain in details that she is a beneficiary.

I am confused, and need help from the experts in this forum and people who faced similar situation.

Thank you.