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Maintenance of Status

You may still submit evidence to demonstrate that the beneficiary maintained their status from the date the beneficiary previously obtained H-1B status through the date the present petition was filed. Evidence may include, but is not limited to:

  • A copy of an approved I-797
  • A copy of SEVIS documentation
  • A copy of the beneficiary's pay records for the period of the previously approved H-1B status:
    • Leave and earnings statements
    • Pay stubs
    • etc
  • A copy of the beneficiary's payroll summaries and/or any Forms W-2 evidencing wages paid during the period of previously approved H-1B status
  • A copy of work schedules from prior years
  • A copy of the beneficiary's most recently filed federal individual tax returns with all required schedules and statements
  • Documentary examples of work product created/produced during the past H-1B validity period:
    • Business plans
    • Reports/presentations
    • Evaluations/recommendations
    • Promotional materials/designs/blueprints
    • Newspaper articles/website text
    • Photographs of prototypes
      Note: Materials should show author and date created
  • A copy of dated performance reviews
  • A copy of employment history records documenting:
    • Date of hire
    • Dates of job changes (promotions, demotions, transfers)
    • Layoff/pay change effective dates