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I-485 Discussion Forum
EB3, H1-B and paid unrelated Work/Hobby... Is it legal for me to engage? Thoughts? |
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I am faced with a dilemma and trying to tackle some finite loopholes of the US immigration law. Please advise and share what you know.
I am an H1-B waiting for my EB3 green card. No EAD and no filed 485 yet. H1-B is certified in finance/accounting area.
Now, I am also an amateur photographer/artist. Every piece of photography belongs to the original artist (me).
Here are my specific instances that I do not know what to do:
1). US company wants to buy some of my photography work. Can I sell my pics and accept the money? I would have to report this income on my tax return as a self-employed income (I believe). If I get RFE for my tax records during my 485 processing, then I may be screwed as I was not supposed to engage in any other employment within US, right?
- what if the company is not from US but from France?
Essentially, any other photographer in the world can sell their works to US companies if they wish without any problems. It seems that I cannot do that.
2). A person (in US) saw my work (pics) and wants me to do for her a set of pics from specific site in the Caribbean with some specific instructions. Essentially she wants a customized decoration art for her house.
Now, can I accept the money legally in my current status?
The work occurs outside of US. However, the customer is from US.
- what if, the site is in US?
- what if, the customer is not US citizen or US firm? Let's say Ukrainian magazine pays me to do pics of Dallas downtown...
Anyway, you can see my point, I hope. What the F am I supposed to do in these situations without jeopardizing my legal status in the US?
What status do foreign artists and athletes use to accept money while doing temporary work in the US?
Any solid advice will be very much appreciated. Thanks!
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to busco4you:
I had the same dilema and I found that you can accept dividends, meaning selling cars, interest from your savings and CD, stock and shares. From my point you are good but I spent a lot of time and the law is very vague.Best Aqdvice: Talk to an very expert immigration lawyer. I talked to mine that time and he reaction was... I duhno...let me see...
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to busco4you:
My opinion...(not a lawyer)
1. If the company is French and pays you from France, then you merely reside here and I see no problem with selling your photos TO THEM. However, you may not sell them directly to an American company. I suggest that you file your earnings as income in your home country and then simply declare it as foreign earnings on your US taxes, and get a tax credit for what you paid in taxes there. That way, you don't pay double tax in the US, but you don't EARN in the US either. Make sense?
2. If you can claim the earnings in your native country and then declare it as foreign earnings you may be alright. However, this does start to get sketchy.
Certainly there is no law against you earning money out of the US while in the US. But what constitutes WHERE the money is earned is not always clear. Consult a lawyer. Possibly even a tax lawyer.
Foreign artists and atheletes have visas that are not tied necessarily to specific companies. Their earnings are directly related to their status as an artist or athlete so they can earn endorsements etc.
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to busco4you:
busco, it's tricky.
From one side you have full right to buy and sell any property, stocks, bonds, win money in casino in the US. If you earn any money out of that - you just declare it. It won't impact any your status. So, you can freely sell your work and not to worry about nothing.
From the other side. You can't work in the US and can't engage in business. So if you take a picture and sell it to someone, this might be considered as "working" or "engaging in business". This you can't do.
I would say - if the money is not big or the sales aren't often - go ahead and do it. If we are talking about large sums of money - hire a good lawyer, accountant and "proceed with care".
Now, regarding the case if you are selling your stuff to someone in France. Legally "residents" of United States are considered not only those who have green cards, but also those who pass "substantial presence test". So, even if you are on H1, IRS might consider you resident of the US. All residents must declare all earning everywhere in the world (and pay taxes). Obviously, if the sum is not large - who cares. I think you don't have to pay US taxes if you earn less than $80k in other countries, but if the sum is large, then Uncle Sam wants his cut :)
Just my opinion, not a lawyer.
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to bestia:
Just to be clear, you have to claim every nickel you make overseas if you are a U.S. resident for tax purposes regardless of where it was made. That starts at dollar ONE!
As you correctly said U.S. resident for tax purposes includes substantial presence. If you pay taxes somewhere else, then you may be able to claim a 100% tax credit for any tax already paid. If you did not pay taxes abroad you are supposed to pay tax in the U.S.
I believe the $80K Bestia mentioned is true of non-resident U.S. citizens who must continue to file taxes even while living outside the US. It is definitely NOT true of residents of the U.S.
As a resident of the US ALL income earned here and abroad is taxable income. It's just that you may have offsetting tax credits that nullify those taxes.
Hope this help clarifies.
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to DoItLegally:
DoItLegally, agree 100%. Yeah, you were right about 80k (just checked).
By "nobody cares if the sum if small" I meant that if the money is less than $10k and once a year, then it won't draw any attention. The recovered tax (even with penalties in worst case) won't cover the IRS officer's salary. IRS is after big money. But yeah - strictly legally every dollar must be reported.
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