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Immigration Issues/required documents to support "employer and employee relationship"

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Question
I read that now uscis requires more documents to prove " employer and employee relationship" in H1B extension. Among them are

1.Copies of the beneficiary’s pay records (leave and earnings statements, and pay stubs, etc.) for the period of the previously approved H-1 B status;

2.Copies of the beneficiary’s payroll summaries and/or Form W-2s, evidencing wages paid to the beneficiary during the period of previously approved H-1B status;

My question is when the regulation says " the period of the previously approved H-1 B status, does it really mean previous 3 years records? or will it be ok to submit only previous few months pay stub copies as people did previously?

Thanks.

Answer
Hi,

In our professional experience, unless there has been an RFE (request for evidence) issued by the USCIS after H1B extension has been filed specifically requesting all W-2's and pay stubs for the entire period of stay in H1B status, it is normally acceptable to submit only the recent pay stubs (say the last 2 or 3 months) when filing H1B extension in order to show that the beneficiary of the H1B petition is maintaining his or her H1B visa status at the time of filing H1B extension with the USCIS.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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