h1b cap exempt question information on documents

I was in the US from Oct 06- July 07 on an h1b which expired in Apr 08. I have found a company which is going to file a cap exempt petition for me using the remainder option (attorneys have said I have time till July 13 to file a cap exempt petition ,based on my last day in the US which is July 07).

I have given my previous h1 approval notice and visa stamp which contains entry /exit dates. No other documents have been requested.

My question is would USCIS ask for paystubs from previous h1b visit,I do not have the pay stubs anymore since it is long time back and I also dont work with that employer anymore.

They might ask for the pay stubs because that would be the only way to prove that you maintained legal status while you were in US. Do you have W-2 forms(2006 and 2007) or the tax returns instead ?

2006 tax returns I have , 2007 nothing , adp doesnt keep old stuff and the site I filed my tax returns also does not have anything any more .

Its worth the try but if they ask you to prove your legal status while you were in US then it may be difficult to do so.