How can I remain on H-1B status until I receive my green card from my EB-5 investment?

Since you have an approved I-140, you can renew your H-1B until that employment-based petition priority date becomes current. Travel on an H-1B is not possible after you get conditional permanent residency. At that point if you need to be outside the U.S. for an extended period, you will likely have to get a re-entry permit.

Yes, you may continue in H-1B status as long as you have a valid petition approval and as long as you continue to work for the H-1B petitioner under the terms and conditions of the petition and certified LCA. Your EB-5 case will be processed independently of your H-1B and/or I-140 petition.

As long as you have an approved I-140, CIS will actually extend your H-1B status while you wait for your priority date. You have the option of filing EB-5, only if you desire. But it is not necessary if your goal is only to get a green card.

Keep working with your H-1B visa and do not allow it to lapse. Also, proceed on to file for EB-5 as soon as possible. Considering the fact that you can be on H-1B for several years, assuming you seek the extension as well, your EB-5 can be approved before your H-1B term and the subsequent extension expire. Advisably, consult an immigration attorney to consider your options.

To stay in the United States in H-1B status, you would need to file your H-1B petition prior to the expiration of your status. You are entitled to a maximum of six years in the United States in H-1B status. Given the fact that you have an approved employer petition or Form I-140, you can continue to extend your H-1B status beyond the six-year period. Once you file your EB-5 petition on Form I-526, it could take a year and a half or longer for the approval. Upon the approval, if visa numbers are available, you could then adjust your status within the United States.

If you continue with your current employer, then you could remain in H-1B status as long as the necessary H-1B petitions are filed. You can continue using your H-1B visa to travel until you would become a conditional permanent resident as an EB-5 investor. You do not need a re-entry permit in this situation. You need a consultation appointment with an immigration attorney to advise you about your situation and your EB-5 case.

If you already have an approved I-140 (and have not filed for adjustment), then it sounds like you are waiting for your priority date to be current (or else why start the EB-5?). Yes, you can continue to remain in the U.S. and work under the H-1B while you process for the EB-5 or when your priority date become current (whichever comes first). And, yes, as long as you are maintaining proper H-1B status, you can continue to travel during the process.

You actually would not stay on the H-1B until you receive the permanent green card through the EB-5 program. The EB-5 process involves three applications: Form I-526, Form I-485 and Form I-829. After the I-526 is approved, you will adjust status from the H-1B to a temporary green card holder by filing Form I-485. You will then file the Form I-829 21 months after the adjustment of status is approved. In the event that the I-829 is denied, you could apply for a green card based on your EB-2/EB-3 (Form I-140) approval once a visa becomes available under that category. If the EB-2/EB-3 category is backlogged at the time of the I-829 denial, you could potentially go back on the H-1B visa while you wait for the EB-2/EB-3 visa to become available, assuming you have not maxed out your six-year limit.

Because H-1B is a dual-intent visa, you will remain in your H-1B status until your green card applications based on EB-5 are approved. And we recommend our clients to keep their valid non-immigrant status while they are in the EB-5 process.

You can remain in H-1B status as long as your I-140 is approved, until you get a green card, notwithstanding that you will have an EB-5 case pending.

You can only have one status at a time. If you want to do EB-5, you should adjust your status once I-526 is approved. If your spouse does the EB-5, you could remain on H-1B by not being part of her case as a derivative. However, continuing to extend H-1B, even with the I-140 approval under this administration, is not a sure thing, as USCIS is challenging all previously determined H-1B at the time of the extension, including whether the applicant is qualified or the job is a specialty occupation. As long as you choose a regional center with stellar, proven track records, removing condition should not be an issue and you need not remain on H-1B through the five-year or longer EB-5 process until the condition is removed. Also, if you do not stay out of the country for more than 12 months at a time, you need not obtain a re-entry permit every time you travel.

Yes, filing an I-526 petition has no direct impact on your H-1B. Maintain your employment for the H-1B sponsor and you shall retain the H-1B status. Once you receive the conditional LPR status, you will no longer have/qualify for H-1B status.

This can be done. Consult with your investment immigration attorney on this question.