URGENT - Leaving for India tomorrow!

[abk012]

Hey guys... I am leaving for India tomorrow (24 Dec, 2011).
My H1B was approved like 6 months ago and I got a new I-94 along with my I-797.
I just found out that there is a typo with my birth date on the I-94. After digging through all the documents that lawyers gave me, I noticed that they made a mistake when applying for my H1B. The birth date has a typo on I-129. I called my lawyer and he said that it shouldn't be a problem. He also sent me a letter saying that it was the lawyers fault and not mine. I do have all other documents with correct birth date (birth certificate, passport, F1 visa, US drivers license, etc).
Should I believe my lawyer and just go ahead for the visa interview. My visa interview is already scheduled for 3rd Jan, 2012.

Any comments/thoughts are much appreciated.
Thank you.

Edit: btw, its only 1 digit typo, instead of 25 it says 24

[shervin143]

It is hard to predict and it depends on the VO. The correct solution is to file an H1B amendment to get the name corrected since this is a mistake from your lawyers end. If it was USCIS's mistake, they will correct it for free.

[abk012]

just in case if anyone else is wondering... i am now back in the us... the vo did not even look at my documents... and the actual visa in my passport has correct information.