Stay in OPT as long as you can. You get more flexibility that way. Try getting the 17 month (I think) extension.
If you are on an H1B, you need to get a US person co-founder and have them 'sponsor' you. Be wary about the start up failing because as soon as the sponsor breaks their contract, you will be out of status [1]. This means you may have to leave the country immediately.
The E5 visa [2] is the best alternative. If you can secure funding of around $500,000, you get the right to live and work in the US almost as a US person. You can work for yourself, travel in and out of the country as you wish, etc.
[1] http://www.klaskolaw.com/articles.php?action=view&id=8
> Terminated H-1B employees should be aware that time is not on their side. If the employee has plans to have another H-1B petition filed on his or her behalf, or to change to another nonimmigrant status, those plans should be implemented as quickly as possible.
[2] http://en.wikipedia.org/wiki/EB-5_visa
If you are on an H1B, you need to get a US person co-founder and have them 'sponsor' you. Be wary about the start up failing because as soon as the sponsor breaks their contract, you will be out of status [1]. This means you may have to leave the country immediately.
The E5 visa [2] is the best alternative. If you can secure funding of around $500,000, you get the right to live and work in the US almost as a US person. You can work for yourself, travel in and out of the country as you wish, etc.
[1] http://www.klaskolaw.com/articles.php?action=view&id=8
> Terminated H-1B employees should be aware that time is not on their side. If the employee has plans to have another H-1B petition filed on his or her behalf, or to change to another nonimmigrant status, those plans should be implemented as quickly as possible.
[2] http://en.wikipedia.org/wiki/EB-5_visa