[aditya]

That's an interesting viewpoint.

pg says that one of the key qualities in startup founders is being relentlessly resourceful.

1. What is stopping you from building a product (and thereby getting customers) while working for largeco?

2. What is stopping you from finding an American co-founder to startup with?

One of the risks of #1, of course, is that you run the risk of violating your H1 status if you work for someone else, but if you make something people want, and get traction (without charging for it), then you'll have a much easier time starting a company, raising money for that company and sponsoring your visa.

It would be much easier if the US just allowed you to come here and set up shop, but then, how would they know who to let in? (The UK/Canada/Australia get around this by using your past experience, education and skills and I have no idea why the US does not - it does, however, have a vastly more higher requirement O1 visa.)

[ujjwalg]

You do realize that if you are out of status at any time, which you will be if you are working part time on H1B (you obtained for a different company) for your startup, you are illegally living in US. Moreover, if you apply for an extension or move the H1B to your own startup, you will have to mention that you were out of status because you were working for your own company, which will make you ineligible for H1B. If you dont, and you get caught you will be barred to enter US FOREVER, because you lied on an immigration document. Do you also know that you cannot get an H1B visa for your own startup no matter what, unless you can show somehow that you can be fired (which only can happen if you give away most of your equity to someone else). Even if you are not making money when you are on H1B for a different company, but if you signed a contract, signed a cheque, or were responding to customers, you are out of status. You can think that how can anyone would come to know that you were working at the backend, but are you willing to take the risk of getting barred to enter US forever?

[heuristix]

pg also says do a startup full time. There is a reason for that: startups are iterative and you should develop something in close contact with customers. Trying to do it while working on a full time job makes it very very hard.

Secondly, the legal issues both on the immigration side and in terms of working on something while working for another tech company make it a very very very fine line that you have to walk. Conservative lawyers will tell you there is no line, you are breaking the law if you work on something other than your day job period.

Finding a co-founder is like finding a marriage partner (seriously). It is not impossible to find an American partner but limiting your possibilities only makes it a little harder. Plus, you better hope you are a great judge of people because if your American partner walks out, your startup is doomed.

Finally, yes skill based immigration (as Canada does it) is the answer IMHO. But even if they let people who are already in the US on H1B and who are skilled start their startups through a formal visa process, I will be happy.