H1B Visa Interview at Consulate with Incorrect Date of Birth on I797B

[Nick Allen]

Hi everyone,

I found out today that my attorney has filed my date of birth incorrectly (the month and year are switched). This means that my I797B has this mistake in it.

Will I be able to correct this when I go to the consulate for my interview or must I file an amendment and get a new I797B before I can go for stamping?

Thanks in advance for your advice.

[raghvi]

Hi everyone,

I found out today that my attorney has filed my date of birth incorrectly (the month and year are switched). This means that my I797B has this mistake in it.

Will I be able to correct this when I go to the consulate for my interview or must I file an amendment and get a new I797B before I can go for stamping?

Thanks in advance for your advice.

The consulate does not do amendments, its USCIS who does it. You need to get your employer to file an amendment before you go for stamping.

This is my opinion not legal advice.

[Nick Allen]

The consulate does not do amendments, its USCIS who does it. You need to get your employer to file an amendment before you go for stamping.

This is my opinion not legal advice.

Hi raghvi,

Thanks for your reply. Sorry if my original question was unclear: I don't mean to ask if the consulate can amend my petition.

I understand that only USCIS can amend the petition and issue a modified I797B.

The real question I'm asking is: Will the consulate stamp my visa with this date of birth mistake in the I797B? I'm getting conflicting information about whether this mistake would prevent them from performing the stamping.

Thanks again for your time and sorry if my original question wasn't very well stated.