  In this letter, we revise the QED gauge invariance for the hadron tensor of
Drell-Yan type processes with the transversely polarized hadron. We perform our
analysis within the Feynman gauge for gluons and make a comparison with the
results obtained within the light-cone gauge. We demonstrate that QED gauge
invariance leads, first, to the need of a non-standard diagram and, second, to
the absence of gluon poles in the correlators $\langle\bar\psi\gamma_\perp
A^+\psi\rangle$ related traditionally to $dT(x,x)/dx$. As a result, these terms
disappear from the final QED gauge invariant hadron tensor. We also verify the
absence of such poles by analysing the corresponding light-cone Dirac algebra.
