There is a legal way you can be a founder and sponsor your own H1b. Check out http://www.quora.com/Can-a-H1B-holder-work-for-a-startup-as-.... Get a very good lawyer though. I am on an h1b as well, and the only thing I can recommend is, take care of your legal status first before starting a company. US is not that kind to legal immigrants. Now if you are illegal, all the politicians will line up behind you.