You have no problem to start your own business, however - 回复:H1
You have no problem to start your own business, however it is questionable whether or not your H-1b petition, regardless your current H-1b being cap-exempted or not, sponsored by your business is approvable.
http://blog.wenxuecity.com/blogview.php?date=200708&postID=10812#startingbiz