RFE in H1B transfer - maintenance of status

[dentistvisa 0]

I got an RFE while transferring my H1B from company A to company B. The RFE was triggered by my paystub which said "professional contract work" on the paystub.

Here is summary of statements from RFE

"According to the provided pay statement provided in the initial filing here it indicates that the beneficiary was being paid once a month for professional contract work. However, the record does not show that the beneficiary was maintaining a valid H1B status at the time of filing"


They have asked for evidence which establishes the maintenance of status requirement. The suggest evidence is combination of (a), (b) or similar documents

(a) copies of beneficiary's pay records (leave and earning statements, and paystub etc)

(b) copies of payroll summary and W-2



I have some of the documents list above above besides a W-2. My employer was issuing me a 1099 instead. He has now filed an amendment to generate a W-2 but the payroll processor (ADP) is saying it might take 8-10 weeks and might not come in time foe the RFE reply deadline.

I have so far collected

1. Employment verification letter for employer

2. Time card signed by employer

3. Contract letter

So my question is what are the best set of documents to reply to this RFE to proof valid H1B status ? Is W-2 a must have ?

Thanks in advance for reading this and looking forward to your suggestions

[Boiler 45,525]

H1b is for a company to petition an employee.

1099 is independent contractors.

Definitely something for your Lawyer.