H1-B to E2 Conversion

sick_of_waiting

Registered Users (C)
Hi,

I have been working in the US for the last 5 1/2 year on a H1-B visa. My permanent LC is pending at the Backlog Processing Center. I have been thinking about buying a lumber retail or truss manufacturing business. The proceeds for investment will come from the sale of real estate investments in the US. The investment will be in excess of $500,000. My questions/concerns are:

1) How will the H1-B's dual intent to immigrate affect my case? I intend to apply for EB5 investor green card once the business is big enough to make that possible. Also, how does having two US citizen kids affect intent?

2) Since the H1-B visa is in its sixth year, don't I have to leave the country for one year after the visa is expired? (I'm currently in the process of applying for 7th year extension).

3) The proceeds for purchase of business will originate from US investment and not from abroad, how does that affect the EB2 application.

4) If visa is approved, can I stay on H1-B as well working for the current employer and manage the business with EB2?

Any comments on the above four points will be appreciated.

Thanks.
 
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