H1B Denied and Applied for MTR

Hi All,

My I797 was approved until July 2020. My employer applied for H1B extension in June and got denial notice in Aug 2020. Employer applied for Motion to reopen (MTR) in Aug 2020. As I was accumulating unlawful presence, I traveled back to my home country on Oct 13 2020. I am appearing for H4 visa interview and planning to come back to USA on H4. Now, on Oct 20 my denied case got reopened. If I come back on H4 visa and later my H1B cse gets approved, What will be my status? unlawful presence of 60 days will still be calculated if I get my H1B approved?

Hi, when you were applying for H4, how did you answer this question in the DS-160 form? Will the period from Aug to Oct in your case be considered as unlawful presence in the DS-160?

"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? (Yes/No)"