In connection with trying to start a company, there are a lot of activities that can be undertaken as a visitor without a work visa. In fact, I would say that more often than not companies founded by foreign nationals are started when they are visitors. The line that can't be crossed is productive work for compensation but establishing the company, obtaining funding, meeting with potential clients, even hiring can all be done while in the U.S. as a visitor. That being said, the line between work and non-work sometimes is grey and nuanced so it's good to consult with an attorney to understand the limits. This is particularly important when traveling to the U.S. because it's at the port of entry where entrepreneurs are most likely to have issues particularly if they are traveling to the U.S. frequently. One form of protection so to speak is to establish the company with the goal of obtaining an E-2 or E-1 treaty visa; the visitor regulations are much more flexible regarding permissible activities as a visitor when the visitor is planning to get an E-2 or E-1 visa.
What if I have an H1B, but want to pursue starting my own Startup. What are the actions that I can undertake without jeopardizing my status or relationship with my current employer?
One of the main hurdle is I cant go an seek customers, as my profile would show an employee with my current employer?
The real issue in establishing a company while employed by another is that your current employer could have claims over the IP that you develop through your startup so while there are lots that one can do vis-a-vis a startup while currently employed by another company (or in the U.S. as a visitor) as noted in my comment above, I think the bigger issue is putting the company's IP and other assets in jeopardy by incorporating while still employed by another company. This is a corporate/IP law question so out of my area. As a foreign national seeking to start a business, I think it's as if not more important to consult a corporate law attorney than an immigration law attorney and it's also good to get them talking to each other.
Good point. A lot of people don’t know this.
If the company makes it - the venture can be in legal jeopardy.