Charging Credit Cards

[zenkick]

What is the name of your state (only U.S. law)? New jersey
I am here initially on H-4, my husband lost his job in February and has filed change of status to B-2.
I will be attending a fair where I hope to sell some necklaces I made myself, I am thinking of charging people their credit cards.
Are there any implications? My husband is currently looking for a job, if he where to find one would I be in a better situation?
Thanks

 

[Proserpina]

What is the name of your state (only U.S. law)? New jersey
I am here initially on H-4, my husband lost his job in February and has filed change of status to B-2.
I will be attending a fair where I hope to sell some necklaces I made myself, I am thinking of charging people their credit cards.
Are there any implications? My husband is currently looking for a job, if he where to find one would I be in a better situation?
Thanks

You're in limbo until/unless your husband's status is changed. As it is, H4 holders are not allowed to work.

 

[FlyingRon]

She's not in limbo at all. She can not work (or conduct business of this nature) on either a H-4 or B-2 visa.

 

[zenkick]

Ok thanks guys, was wondering what the implications might be for doing so?

 

[Proserpina]

She's not in limbo at all. She can not work (or conduct business of this nature) on either a H-4 or B-2 visa.

Dagnabbit. Sorry folks, my brain isn't working.

 

[LdiJ]

She's not in limbo at all. She can not work (or conduct business of this nature) on either a H-4 or B-2 visa.

I am not sure that I agree. This is obviously a craft fair and income from those is generally considered to be hobby income, not employment or business. I am not aware of anything in the laws that restricts anyone from hobby income, no matter what their immigration status is.

 

[Proserpina]

I am not sure that I agree. This is obviously a craft fair and income from those is generally considered to be hobby income, not employment or business. I am not aware of anything in the laws that restricts anyone from hobby income, no matter what their immigration status is.

It is exactly what Ron said. No income = no income. If she sells something, that's income.

It's very, very clear, and in this case the immigration status is critical. In fact, it's really the only issue relevant to the OP.

 

[FlyingRon]

Hobby Income only has any meaning with regard to certain IRS deductibility. You can not work, seek work, operate a business (hobby or otherwise), etc.. on these visas.

You can sell assets but it sounds like this is not stuff she brought into the country but stuff she made and the act of making those for sale is illegal as well. Further, operating a booth in a fair to sell things (even if you brought them into the country) sounds in violation as well.

 

[OHRoadwarrior]

It is not a hobby, when you manufacture items for resale to strangers.

 

[FlyingRon]

It is not a hobby, when you manufacture items for resale to strangers.

As far as the IRS is concerned, it is when there's no business motive. The only time I've ever heard "hobby income" mentioned is actually "hobby loss" and it's purely an IRS thing. Hobby income even for the IRS is INCOME. You must pay tax on income. Hobby loss is not deductible (i.e., deductions for the business that exceed the income). The proper term for hobby loss "activities not engaged for profit."

None of this applies to immigration status. You can't conduit a hobby business whether it is profitable or not on either of these visa types.