A person who has applied for permanent residency based upon the physician National Interest Waiver program you refer to may apply for permanent residency on any other ground he qualifies upon, including EB-5. However, if he is J-1 and obtains a waiver based upon a commitment to work in an underserved area for 3 years, he must satisfy that requirement before he can get permanent residency on any basis whatseover.
I agree with my colleague.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I believe that if one had an approved EB-5 petition, then one could ask the USCIS to apply that approved petition to a pending I-485 even if that I-485 had been filed based on a 5-year physician NIW petition. To expedite matters, one could also pay a new filing fee and submit a new I-485, and then withdraw the pending one upon approval. I don't see any reason why one couldn't continue to work pursuant to an H-1B petition while waiting for an EB-5 petition to be processed.