Can I withdraw from EB-3 and stay on H-1B?

Yes. Withdrawing from the EB-3 does not automatically cancel your H-1B. These are independent paths: the EB-3 pursues permanent residence, while the H-1B is a temporary work authorization, and giving up one does not bring down the other on its own.

What sustains your status is the H-1B itself, so the key point is to continue meeting the conditions of that status: the active sponsored employment, the compatible role, and the validity of the visa. As long as that is in order, you can simply choose not to continue the green card process and remain working under the H-1B.

• Withdrawing from the EB-3 is your decision and does not automatically affect the H-1B.
• It may, however, impact your long-term planning, since the H-1B is temporary in nature while the green card is not.
• If a petition is already in progress, it is worth understanding what changes before discontinuing it.

Since each case has its nuances and rules can change, confirm the updated requirements through the official source (USCIS) and consider reviewing your immigration plan with a specialist before closing out the process.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.