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

No. As long as your H-1B remains valid and you continue working for the same employer, there is no need to stop work in order to begin the EB-3 process. One does not cancel out the other.

EB-3 is a path to permanent residence that runs in parallel to your current status. It typically involves steps such as the Labor Certification and the immigrant petition (I-140), and none of those steps require you to leave your job while the H-1B sustains your work authorization.

• A valid H-1B keeps your work authorization intact throughout the process.
• The EB-3 steps proceed without interrupting your employment relationship.
• Depending on your case, the outcome may be an adjustment of status (inside the U.S.) or the consular route (abroad).

The critical point is to avoid letting your status fall out of compliance between steps. Because every situation has its own details, it is worth confirming the current requirements with the official source (USCIS) or with a specialist before each step.

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.