My Case Study - Help me out - Alien wants to sell something !

[jeremy_fx]

What is the name of your state? NY

Hi

I once posted a message asking whether I can start an internet business while on F1. There were varied opinions and the details again vary opinions too much to be unanimous. I am posting a little case of mine, see whether I can do THIS IN SPECIFIC. This will help me beat the wrong opinion with the right legal interpretation of applicable clause. Thanks for your time, please read it and try to answer each part as asked, so that I get something out of it.

CASE:

- I wish to sell things on internet, specifically, order things on internet at a lower price(may be from a distributor) and list these goods on eBay, and when someone buys it, I get the money for it in my bank account. This might make me some $1000-2000 a month. I am not buying these thngs as a company, but as an individual.

QUESTION:

- Can I do THE ABOVE online selling, buying cheap on internet and selling on eBay to people, and earning income from it worth $1000-2000, without violating my F1 visa regulation. Would this be interpreted as, or can be interpreted as off campus employment, or any other form of violation of F1 visa?

- I know people who do this as a business, they pay income tax on such online auctions. As a F-1 student, am I REQUIRED to pay tax on this income I am making above as an individual ? Or should I ask, CAN I file tax on income from an online source of income like this while am on F1?

- What are my options ? Under what circumstances or conditions can I sell things on internet wihout violating my F1 status ?

- Lastly, is there any FINAL authority to answer these questions, or everything is an opinion? Isnt there any way one can come to know the YES and NO answer for these questions, and be assured that the INS is happy with it?

People told me many things - as long as I dont work for someone, I can earn money on F1 (Right?). A telephonic discussion with an Immigration Lawyer told me its a typical "buy goods from wholesaler and retail out BUSINESS, you CANNOT do it". Lastly, my school DSO said it would be interpreted as a CONTRACT between me and the buyer, which is a violation of F1 status (!)

PHEW !

Any help wud be appreciated. Once again, please answer under each part of the question and add your opinion freely.

Thanks.

 

[HomeGuru]

duplicate post.

 

[jeremy_fx]

No reply though...!!

I posted it in 4 forums to see where it gets answered according to the category, thanks for noticing.

You didnt reply to even one post thoguh. See if you can do that, that would have helpmed me more.

Thanks.

 

[JETX]

Posting identical questions in multiple forums can only cause confusion in trying to evaluate responses. If you don't get a response to your ONE post, then see an attorney in your area.

This is a free advice forum.... and there is no obligation for ANYONE to respond. Personally, I refuse to respond to idiots who think that they will get 'more' or accurate responses by posting identical multiple threads.

So which ONE thread do you want responses on???
And we will try to help when you either delete or close your 'duplicate posts'.

 

[HomeGuru]

Well stated.

 

[jeremy_fx]

Try helping now... redundant threads closed.

Personally, I refuse to respond to idiots who think that they will get 'more' or accurate responses by posting identical multiple threads.

I have closed the redundant threads.

Now try helping if you can, and I suggest dont use the words idiot or something just because you are someone who knows, it just shows how wise or senior you yourself are in approaching and conveying things.

Again, i have closed the redundant threads, try helping out now.

Thanks.

 

[I AM ALWAYS LIABLE]

My response:

You didn't "close" anything!

Otherwise, you wouldn't see this post by me.

IAAL

 

[jeremy_fx]

I posted on 4 threads originally, I already closed 2, in TAX and INTERNET LAW.

"Didnt close Anything", very hasty, irresponsible statement. Nevermind ! May be this is how you gys answer - not so Free.

I was advised by a guy on forum only to post it on Immigration and Business, so I kept them open.

While I understand whats unnecessary and wrong, I do understand what might be correct and necessary.

Thanks for all the help. See if you can answer anything.

 

[I AM ALWAYS LIABLE]

My response:

So, you kept more than ONE post open, despite the fact that you said you CLOSED the other posts. I can then conclude that you lied to us.

We didn't say to you, "Keep two posts open." We said, choose ONE post.

Go see an attorney in your area for your answers.

IAAL

 

[jeremy_fx]

Your reasoing is, humbly as my nature is, may be , again, hasty.

I did not say I closed all oher threads as you are misquoting, I said I closed the redundant threads. To support, I also mentioned why I kept the other two open. All this I stated, without the words 'idiot, foreigner'.

"You conclude!" - I can just wonder.

Thanks for your help. Learning to be courteous is more an indication of being civic and wise than sitting on a legal forum with inappropriate and hasty remarks. Doesnt help much otherwise.

 

[JETX]

Still holding any response awaiting your closing the identical posts.

 

[hexeliebe]

I'm just sitting on the sidelines kibbitzing....after my last foray into the nether world I'm letting my wounds heal

 

[jeremy_fx]

Still holding any response awaiting your closing the identical posts.

Thats one of the nice ways to say it, congratulations, we atleast know how to say it right.

Now only Business group has this thread.
Hoping some appropriate words, sense and answers.

Thanks for all the help. You can release the responses if any on this grup now.

 

[JETX]

"Can I do THE ABOVE online selling, buying cheap on internet and selling on eBay to people, and earning income from it worth $1000-2000, without violating my F1 visa regulation."
*** No.

There are three employment options for F-1 students, all of which are contingent upon the student maintaining satisfactory progress toward the degree.
* On-campus employment: A student in F-1 status can work anywhere on campus without permission from Immigration and Naturalization Services (INS) as long as it is not paid for through Federal Work Study funds.
* Off-campus employment based on unforeseen, severe economic hardship: Students in F-1 status can work off campus if they are experiencing unforeseen, severe economic hardship. This type of employment requires special permission from INS.
* Optional practical training: A student in F-1 status may be able to work off campus if the employment is related to his or her major. This type of employment requires special permission from INS.
Source: http://www.stcc.mass.edu/faq/international.html#6

Finally, take a look at the RULES for your F1 visa, specifically, Sec. 214.2(f)(9) at:
http://www.immigration.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9812/slb-16129/slb-16616?f=templates&fn=document-frame.htm#slb-8cfrsec2142f

"Would this be interpreted as, or can be interpreted as off campus employment, or any other form of violation of F1 visa?"
*** See above.

"I know people who do this as a business, they pay income tax on such online auctions. As a F-1 student, am I REQUIRED to pay tax on this income I am making above as an individual ?'
*** If you were able to do this (you aren't), yes, any income would be subject to IRS taxes.

"Or should I ask, CAN I file tax on income from an online source of income like this while am on F1?"
*** If you did this 'work', you would have to report it.

"What are my options ? Under what circumstances or conditions can I sell things on internet wihout violating my F1 status ?"
*** Simply, you can't.

"Lastly, is there any FINAL authority to answer these questions, or everything is an opinion?"
*** Of course there is a 'final authority'. Contact the BCIS (was the INS).

"Isnt there any way one can come to know the YES and NO answer for these questions, and be assured that the INS is happy with it?"
*** Yep, see above!!

 

[jeremy_fx]

Thanks so much

Thanks so much for your reply, Jetx.

I am really clear on this now.

Before we let go of this thread, let me ask you, had I asked the same question in case of H1 visa, what do u think your opinions wud be, to all those questions I asked. Try replacing F1 with H1

And lastly, whats the best way to contact BCIS anyway, just in case. There site doesnt seem to have the Tel number anywhere.

Thanks for everything, youve really been a help