DS-160 question on immediate relative

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Hello Experts,

1. Mr. Roy has H1-B visa. I-797 and I-94 are extended, I-140 is approved.
2. Visa in passport expired, needs stamping to re-enter into USA.
3. Spouse on H4 and children (US citizen) will stay in USA during Mr. Roy's lone trip outside USA and during appointment for stamping outside USA.

DS-160 question: Do you have immediate relatives, not including parents, in United States?
Yes/No

If the the right answer is YES (spouse and children details in DS-160), is there any risk of visa denial for this reason? and that requires additional documentation to overcome the difficulty?

I want to be truthful to answer in DS-160, but want to know if there is chance of denial due to truthfully declaring presence of your dependent (H4) spouse and children (US Citizen)?

Regards,
Mr. Roy

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Any comments experts?

[JoeF]

Dependents on H4 can not stay in the US during visa renewal.

What if the visa is denied?

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H1-B and H4 both have approved I-797 and I-94. Its only H1-B is going for stamping. Why do you think dependent on H4 can't stay in US, having extended I-94, during H1-B's stamping outside US?

Please let me know what do you think.

[JoeF]

19 hours ago, subscribe,purpose said:

H1-B and H4 both have approved I-797 and I-94. Its only H1-B is going for stamping. Why do you think dependent on H4 can't stay in US, having extended I-94, during H1-B's stamping outside US?

Please let me know what do you think.

The H4 status is only valid if the primary person is in valid H1 status. That means that technically, the H4 status is invalid if the primary person travels abroad.

While this is generally not an issue if the primary person goes on a short vacation abroad, it is an issue if the person goes for visa stamping. For example, what if the visa is denied? The dependents on H4 have to leave with the H1 person when the H1 person goes for stamping.