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

It is possible, yes, to remain on the H-1B even if you decide to withdraw from the EB-3 visa process. However, the decision must be made cautiously and considering that each situation has particularities that need to be evaluated individually.

In general terms, the EB-3 visa aims for permanent immigration to the United States, while the H-1B is a temporary work authorization. If you feel more comfortable with the current H-1B situation or if personal and professional issues indicate that this path is more viable at the moment, you may choose not to continue with the EB-3 process. This decision does not automatically impact your H-1B status, as long as all the requirements and conditions of this visa are maintained, such as the continuation of the sponsoring employment and compliance with the rules established by the U.S. government.

However, it is important to emphasize that each case has specific nuances, and the cancellation or withdrawal from an immigration process can affect other stages of your immigration planning. For this reason, it is essential to act carefully and be aware of the United States’ legal requirements. Seeking guidance from professionals specialized in immigration can help avoid unnecessary risks and falling into traps or misleading promises, which often take advantage of people seeking immigration regularization.

Always remember the importance of strictly following immigration laws and regulations, as well as consulting reliable sources and specialists to make more informed and safer decisions.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.