DS-160 question for visa overstay

[RKVS]

Hi, 
I have been in this country for over 13 years and had multiple H1B extensions with the same employer. My recent H1B and my dependents' H4 extensions were filed timely in April 2019. My H1B had an RFE and eventually got denied end of July 2019. My employer informed me on Aug 7th and we all left the country in 2 weeks since our I-94s already expired end of April 2019. At the time of leaving the H4 case status was still ‘Case Received’. 

Now I got an approved H1B through another employer for 3 years, got my H1 visa stamped in Mexico and am back in the country. My family could not come with me to Mexico for stamping since they did not get a Mexico visa and they are back in India. They are going for their H4 visa stamping next week. 

Question is: 
1. What should I indicate for the DS-160 question for my dependents - ‘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? 
Should I indicate ‘Yes’ or ‘No’. Please note that at the time of leaving, their H4 application was (and currently is) still in process. I know it is considered abandoned once you leave the country. My wife and kid too left the country with me since my H1b was denied. 

2. If the answer yes, what will be period of overstay that is considered by USCIS and that I need to explain in the DS-160 form – is it from the date of expiry of I-94 (which is from May 2019) or from the date of H1B denial (i.e 2 weeks)? 

Thanks for all your help.

[shekar11#]

On 9/1/2019 at 2:27 PM, RKVS said:

Hi, 
I have been in this country for over 13 years and had multiple H1B extensions with the same employer. My recent H1B and my dependents' H4 extensions were filed timely in April 2019. My H1B had an RFE and eventually got denied end of July 2019. My employer informed me on Aug 7th and we all left the country in 2 weeks since our I-94s already expired end of April 2019. At the time of leaving the H4 case status was still ‘Case Received’. 

Now I got an approved H1B through another employer for 3 years, got my H1 visa stamped in Mexico and am back in the country. My family could not come with me to Mexico for stamping since they did not get a Mexico visa and they are back in India. They are going for their H4 visa stamping next week. 

Question is: 
1. What should I indicate for the DS-160 question for my dependents - ‘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? 
Should I indicate ‘Yes’ or ‘No’. Please note that at the time of leaving, their H4 application was (and currently is) still in process. I know it is considered abandoned once you leave the country. My wife and kid too left the country with me since my H1b was denied. 

2. If the answer yes, what will be period of overstay that is considered by USCIS and that I need to explain in the DS-160 form – is it from the date of expiry of I-94 (which is from May 2019) or from the date of H1B denial (i.e 2 weeks)? 

Thanks for all your help.

1. It will be No, because you stayed on receipt notice and left immediately once you knew the decision.