I have been in you shoes in the past (and left America due to frustration of the complexities of the process). Also, I am not a Lawyer - caveat emptor.
Short answer - get a US citizen to act as the Majority Partner in the business if at all possible. Do not accept even a cent from your new company if you go this route until it is set up and Generating Payroll. Once founded then transfer your H1 using your new company and then become employee/partner.
There are still ways around the stringent H1-B rules for employment that you can use to start a company in your name. However I must advise extreme caution in using any of them. The USCIS (citizenship and Immigration) might take a dim view of people who enter the US for a "Specialty Occupation" visa and then switch to founding companies.
I wish you the best of luck - it takes a lot of work to get a company going. Doing it while dealing with the complexities of the US Visa system is just adding to the mountain of difficulties you need to overcome.
If you do pull it off legally, maybe you can write a blog post that tackles this issue for other aspiring entrepreneurs who would love to tread in your path.
Short answer - get a US citizen to act as the Majority Partner in the business if at all possible. Do not accept even a cent from your new company if you go this route until it is set up and Generating Payroll. Once founded then transfer your H1 using your new company and then become employee/partner.
There are still ways around the stringent H1-B rules for employment that you can use to start a company in your name. However I must advise extreme caution in using any of them. The USCIS (citizenship and Immigration) might take a dim view of people who enter the US for a "Specialty Occupation" visa and then switch to founding companies.
I wish you the best of luck - it takes a lot of work to get a company going. Doing it while dealing with the complexities of the US Visa system is just adding to the mountain of difficulties you need to overcome.
If you do pull it off legally, maybe you can write a blog post that tackles this issue for other aspiring entrepreneurs who would love to tread in your path.