How can I convert my H1b to an EB-5 visa?

H-1B is known as "dual intent," so you can stay on it while pursuing a green card. The initial EB-5 petition can take 3-4 years for an approval, and unlike other immigrant processes, you must wait for approval before submitting a green card application, so you would need to remain in H-1B status during the wait.

The H-1B is a nonimmigrant status and that continues until you actually get a green card in hand. The EB-5 case can be filed for simultaneously.

Yes, we work with H-1B visa holders very regularly. You certainly can continue working with your H-1B while we process the EB-5 in the background.

The H-1B presumes you are working for an employer in an employer-employee relationship. The EB-5 program has two aspects. One is direct EB-5 with $1m invested and 10 full-time jobs. This is reduced to $500,000 if the jobs are in a high unemployment or rural area. There is nothing stopping you from investing in a new commercial enterprise that creates the 10 jobs and you can get a green card, but you cannot work there unless you have a concurrent H-1B that also allows you to work there. If you are from an E-2 treaty country, you may be able to switch to an E-2. H-1Bs do not convert to EB-5 but you can separately apply. The easiest option is to wait for the regional center program to be reauthorized. Many think this will happen in February.

You can file for the EB-5 visa, and for adjustment of status if the visa is available. If you are granted adjustment of status, you will be a permanent resident and no longer an H-1B.