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H4 denied. Filed Motion to reopen I 290B

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  • H4 denied. Filed Motion to reopen I 290B

    Hi,
    My wife's H4 extension was denied by USCIS in January 2013. We filed for motion to re-open form I-290B which is currently in "Initial review" status. My wife left for India in Feb 2013 and now needs to go for H4 stamping. In the DS-160 form, there is a place where it is asked : Security and Background: Part 4
    Q. Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Explain..
    Should we answer "Yes" or "No"? Does form I-290 pending, keeps her in status or was she out of status form few weeks before she left for India? Can you please advise.
    Thanks
    S. Khan


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