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RFE for change to H1b from R1

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iphilipos

Junior Member
What is the name of your state? IL

Being on a R1 status (minister), I am seeking employment in a
University as a scientific researcher. There is a pending I129
petition for changing my status to H1B.

My future employer told me that they received a RFE asking me to prove
that I have been gainfully employed with the current employer (the
Church) until the new petition's date of filling. They specifically
mention that I have to show the last 3 paystubs. The question is:

Do I have to show the paystubs in order to proof the maintaining of
the status?

The first problem is that a I been self-employed (I filled
my taxes using 1099-MISC), so for most of the time I was paid with
checks,

and the second one, is that in last period, due to a judicial
problem of the employer, I have received only weekly cash payment.

Thank you very much.
 


ImmigAttyLana

Senior Member
Yes, showing paychecks is the only way you can prove that you've been maintaining status. If you are not able to show this, then your petition will be approved, if otherwise approvable, not as a change of status but as consular processing, which will mean you will have to depart the US and obtain a H-1B visa stamp prior to being able to return to the US in H-1B status and start working for the H-1B employer.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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