RFE 6 year pay-stubs

[adikas]

Thank you for reading my question. I've been on H1-B since October 1st 2008. I have since changed jobs three times. I have held  continuous  employment since my H1-B started.

 

As I'm in my 6th year of H1-B, my employer has petitioned USCIS for re-capture of days outside US. This should have been a straightforward but USCIS has sent a RFE asking to show that I've maintained status and for that they've asked me to submit all pay-stubs since October 1st 2008 to May 8th 2014 (date  when petition was filed). Also, they've asked for explanation on why, with my current employer, my pay-stubs mention ADP instead of the employer's name. This according to our attorney is very astounding as ADP is a well known payroll management company that a lot of employers hire for managing payroll services. This, the adjudicating officer should be well aware of. Also, our attorney is completely clueless as to why they've asked for such extensive records and has noted that she has never heard or seen USCIS asking for almost 6 years of pay-stubs. As I've mentioned, I've in the past went through 3 different H1-B transfers and a H1-B stamping with no issue.

 

Question: I have tried to keep a record of all pay-stubs as well as I could. Unfortunately, I'm unable to find pay-stubs for 2 1/2 months from my first employer in 2008 (months of November/December 2008). I've contacted my ex-employer and they don't have those records as it goes back more than 5 years. They informed me that they had a different vendor managing pay-roll back then that the vendor also keeps on 3 years of records.

 

I have, after hours of talking on the phone with my bank, been able to get my bank statements from back then. The bank statements clearly show that I received salary as direct deposit during those months that I'm missing pay-stubs.

 

I've extensively searched USCIS website for information on whether bank-statements  will be accepted as an alternative to pay-stubs but was unlucky with that.

Do you know if bank-statement can be used as an alternative to pay-stubs for these months in  question? If not, what other alternatives are considered acceptable? Any advice would be much appreciated.

 

BR,

AK