Legal Question in Immigration Law in California

My H1-B has been approved. However, when I received a copy of the I-129 petition, I noticed an error on the Data Collection and Filing Fees Supplement Form of the petition (Pg.17). For highest level of education, the 'Professional degree' box is checked while it should have been the 'Doctorate degree' since I have a PhD. Everywhere else on the I-129 petition, it says I have a PhD. It is very apparent that this one error is a clerical one on the paralegal's side. Is there a provision to rectify it? What implication is this going to have for me at visa stamping? The attorney apologized and said it shouldn't be an issue since this is only on the data collection supplement.

Really appreciate your advice.


Asked on 2/10/11, 12:57 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Your attorney is correct: it makes absolutely no difference in issuance of visa stamp at the Consulate. Also, since the error is not material, and the petition is approvable despite any error, and there is no USCIS error, there is no provision to rectify the clerical error. Moreover, your signature is not anywhere on the I-129 petition, further proof that it is merely a clerical oversight.

When it is time for H1B extension in the future, the correct educational level should be specified on the I-129.

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Answered on 2/10/11, 1:09 pm


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