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Shall I correct my passport or wait?

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  • Shall I correct my passport or wait?

    Background
    I am in US on H1B for the last 3 years. I am still with the same employer who filed my case initially. I am an Indian citizen, born in Saudi Arabia and my passport has an Indian city as the place of birth. I never had any valid Indian documentation about my actual place and date of birth. Now after a long struggle with lawyers, panchayath, court and other institutions, I got my birth certificate corrected; finally!
    Now I have a birth certificate from panchayath, mentioning my correct place (Saudi) and date of birth (B). And I corrected my 10th certificate also since this is the document I used to get my passport.

    Current
    Passport says place of birth India and date of birth A.
    Birth certificate from Panchayath says place of birth Saudi and date of birth B.
    H1B was filed with India and A as mentioned in Passport.

    When I contacted my employer's immigration team, they said I can go ahead and correct the passport if needed but there is no need to amend the H1B since this is not a material change. Is this true?
    If I correct my passport, it will be out of sync with my current approval notice (both place of birth and date of birth).

    Another dilemma is; I have a potential job offer and I am considering accepting it. If I update my passport, will there be any (or potential) issue in transferring the visa?

    Nobody promised a GC yet and I am not sure when that will happen. Even the new employer is not guaranteeing the GC. So is it a good idea to correct right now or wait until anyone sponsor a GC?

  • #2
    Originally posted by SJ_M View Post
    Background
    I am in US on H1B for the last 3 years. I am still with the same employer who filed my case initially. I am an Indian citizen, born in Saudi Arabia and my passport has an Indian city as the place of birth. I never had any valid Indian documentation about my actual place and date of birth. Now after a long struggle with lawyers, panchayath, court and other institutions, I got my birth certificate corrected; finally!
    Now I have a birth certificate from panchayath, mentioning my correct place (Saudi) and date of birth (B). And I corrected my 10th certificate also since this is the document I used to get my passport.

    Current
    Passport says place of birth India and date of birth A.
    Birth certificate from Panchayath says place of birth Saudi and date of birth B.
    H1B was filed with India and A as mentioned in Passport.

    When I contacted my employer's immigration team, they said I can go ahead and correct the passport if needed but there is no need to amend the H1B since this is not a material change. Is this true?
    If I correct my passport, it will be out of sync with my current approval notice (both place of birth and date of birth).

    Another dilemma is; I have a potential job offer and I am considering accepting it. If I update my passport, will there be any (or potential) issue in transferring the visa?

    Nobody promised a GC yet and I am not sure when that will happen. Even the new employer is not guaranteeing the GC. So is it a good idea to correct right now or wait until anyone sponsor a GC?
    You should get your passport changed. I dont think there will be any issue in current or H1 transfer.

    Yes, it would give you benefit in terms of GC as that goes on the basis of country of birth rather than country of citizenship. India born backlog is pretty huge in all categories. Even an EB3 will get you GC within few Months just because you were born in Saudi, unlike many years wait for an India born.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You should get your passport changed. I dont think there will be any issue in current or H1 transfer.

      Yes, it would give you benefit in terms of GC as that goes on the basis of country of birth rather than country of citizenship. India born backlog is pretty huge in all categories. Even an EB3 will get you GC within few Months just because you were born in Saudi, unlike many years wait for an India born.

      This is my opinion not legal advice.
      Thanks for the suggestion. I am going ahead with this change.

      Comment

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