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.
S. Khan