21 year old sponsoring parents GC

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Asking a question for a relative. 

X came to USA as a student then went on to work on OPT / H1B for 2 companies - A and B. Company (A) sponsored X’s H1B. After working for company A for a while, X then went on to work for company (B) for the last 1.5 years of his stay in the US.  Both companies are large employers which employ thousands people in the US. 

X and his wife also started a family while here in the US and have a 21 year old child who presently resides in NY. X quit company B and left the USA for good in 2003 within 60 days of leaving the job. X is a citizen of a visa waiver country and has made several short visits to the US since 2010 using the visa waiver process (ESTA). 

Currently the US citizen child would like to sponsor the parents for a green card but one concern has come up in the conversations with an immigration attorney. The attorney is asking if he (X) could proof that his H1B was not “out of status” when he moved from company A to B. 



  1. How does he proof that his H1B was “in status” and it was properly transferred to company B given that it has been close to 20 years and all he could find is some old paystubs?
  2. Assuming worst case scenario that the H1B wasn’t properly transferred or X can’t furnish any proof, could that have any repercussions on his green card application? 
  3. As mentioned X has made several trips to the US using ESTA, does that impact his application in any way?


Thanks for your guidance. 

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