It gets tricky because I'm in my second H-1B term. The H-1B has a maximum term of 6 yrs after which you need to go back for an year, unless you have a perm residency petition pending.

From what he says about USCIS picking on little details, I think setting up my own company and sponsoring an H-1B without revenues will be subject to audit for sure and could jeopardize my green card petition.

I'm going to talk to an immigration lawyer but from my past conversation or two, they say this is very hard to do without raising major flags.