General inquery

I was born in Country X in 80s and my parents moved to country Y (distance between towns were within 200 KM). That time, we were not aware about birth certificate. When I applied passport, I mentioned my place of birth as our current residence and since I was citizen of country Y, I hold country Y passport.

Now, we know the relatives where I was born and also got the birth certificate from Country X (my original birth country). How can I update my place of birth on I140?

Is your I-140 pending or approved? If approved are you with same employer?

What birthplace you mentioned when filing the I-140 and did you submit any supporting document (assuming you didn’t had a birth certificate, did you do an affidavit?).

You need to provide more information to make things clear for us to understand.

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My I140 is approved and I am with the same employer. My actual birth country is Nepal but my passport have Indian current address as my birth place so country of birth is mentioned as India while applying the PERM and I140.

Assuming you didn’t had a birth certificate at the time of filing I-140, what supporting document did submit? I am asking because if you submitted an affidavit saying you were born in India, and now you want to update I-140 (which puts you in ROW queue with no wait time for GC) with a Nepal birth certificate, USCIS may question the false affidavit and that may create issues with your GC process.

I have not submitted birth certificate nor Affidavit while applying PERM and I140. I just mentioned country of birth as India

Ok, my suggestion is to consult your immigration lawyer and discuss with them. You can apply for I-140 amendment but I am not sure how USCIS will see this when one changes the country of birth.

You and your lawyer will need to provide a strong reason for this change (the fact that not just I-140 but any past non-immigrant applications may have India as birth place will cause serious concern with USCIS). Also as your passport is showing India as birth country, it can pose more challenges and may be difficult to explain unless you can fix/update your passport.