CKGS returned application - cant process without H4 i797

Last year me and my husband travelled to India while having valid H1 and H4 VISA respectively which were good for another 2 months.

H1B and H4 extended at Port of entry with new i94

Meanwhile My husband applied for a H1B extension which got approved and at the port of entry while coming back to USA after a month the CBP officer issued us both new i94 until Dec 2020 .

No H4 i797 available as H4 extension was never filed

Now when I am applying for a passport renewal at CKGS they are asking for my i797 which I don’t have since my husbands employer haven’t applied for my H4 extension along with my husbands H1 extension.

I submitted my husbands i797 along with my valid i94 to CKGS but they are still asking for my i797.
I would really appreciate if anyone can advise anything.

Thanks in advance.

They returned my application saying they cant process it without my i797

I know that CKGS has recently changed their website and has removed the ‘Dependent Visa’ as a valid proof for passport renewal.

I think you do not even have a valid H4 stamp at this time based on what you have described.

Not sure if they know the rule that i797 is not issued for dependent if H4 is applied at US embassy outside USA.

You can email CKGS and ask if they will accept any other proof since you do have valid status in USA.

I called them; emailed them but they are not willing to understand that.I wrote to embassy as well but got no response.

Hmm. That’s actually bad on their part.

I can understand the frustration it may have caused to you.

If you have time available before your passport expires, then, you can wait for Indian embassy response.

If not much time if left for passport expiry, get your H4 stamped in passport by going to either Mexico or Canada or India. This would be a quick fix. I know its not really required as per US law, but i can;t really think of why CKGS has done it this way.

But, please confirm with CKGS first that they will accept H4 visa stamp.

Recently, they have taken the Visa option also off front their list of acceptable Legal status proof. I am not sure why have they done it.

I sent them my application in August as my passport was expiring in September but now it’s already expired. Not sure what to do now.

Can I send my expired passport to India and ask my parents to get it renewed from there ?

Did you call Indian embassy and ask for clarification?

They may also just give a standard response though. But, it is good to check before taking another action.

Has CKGS accepted that they will accept H4 stamped visa as valid proof?

If they do not accept H4 stamp either, then the only option would be either file H4 extension using form i539 and then file for passport renewal or get your passport renewed in India.

I sent many emails to the embassy but got no response. Let me try calling them tomorrow. Many Thanks for your advice though.

You are welcome.

Let me know if you need more information.

No, I do not think you can renew passport just by sending it to your parents.

You have to appear in-person in the India passport office for renewal.

They click your picture in Indian passport office LIVE and then police address verification is also done.

I have filled the CKGS form but cancelled due to below issues that it may rejected hence called Helpdesk for confirmation and awaiting reply from them . But if you have any suggestions that would help a lot.

I have similar issue for my kid that visa expired in September 2019 but i94 is valid until 2021(that’s legal status) and passport about to expire 15Dec 2019. Not sure whether they can accept primary applicant i797 and i94. I am awaiting reply from CKGS .

I see in the Indian embassy portal if there is no legal status they give EC but that’s for who don’t have legal status in my case i have legal status i94. But look like they don’t accept i94.

My kid don’t have h4 i797 , employer not filed so far. Requested for processing but if they start filing in next few weeks that may not accept the expired passport in the i539 form.

In both ways stuck like proceeding with h4 i797 and passport renewal. If passport expired then it will be even more critical…

Any suggestions??

Hi @Ramarao05
I suggest to wait for CKGS response. They usually reply within 24 hours.

I have personally visited consulate in New York and they have confirmed that they will accept i94.

I have also got response from CKGS that they will accept i94 for minor I. e dependents.

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