If I am on H-1B and change to EB-3, do I need to stop working?

When we talk about changing from H-1B to EB-3, it is normal to have doubts about how this transition may impact your employment. It is important to remember that each case is unique and the United States immigration rules must be strictly followed.

In general terms, as long as you have a valid H-1B status and are working for your employer, you do not need to stop your work activities to begin the process of changing to EB-3. The EB-3 process involves several steps, such as the Labor Certification and the I-140 petition, and you can remain employed under H-1B status during this period.

However, it is essential to maintain your status so that you do not lose work authorization. When adjusting or changing status, it may be necessary to file an adjustment of status application (if you are in the United States) or follow consular processing (if you are abroad). In both cases, as long as the process is ongoing and your H-1B status remains valid, you can continue working legally.

If there is a change in your status, it is important to pay attention to the deadlines and obligations that each step requires. I emphasize the importance of always following the United States immigration laws, seeking information from reliable sources and specialized companies – but without trusting miraculous promises or marketing campaigns that guarantee easy results. Because, in the end, maintaining your status regularity is essential to avoid future problems.

Remember that this information is of a general nature. Each situation has its particularities, and following the procedures correctly can avoid complications. Staying informed and seeking proper advice is a recommended practice to navigate the immigration system safely and effectively.

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.