Can F1 VISA holder have his car rent out for money?

[trying1]

What is the name of your state (only U.S. law)? Arizona

I'm a F1 VISA holder and I barely use my car. So I want to share my car through companies like Relayride to compensate the car value decrease as time. But I'm not sure if it's against my non-immigrant status. Can you give me some advice? Thank you so much.

 

[Proserpina]

What is the name of your state (only U.S. law)? Arizona

I'm a F1 VISA holder and I barely use my car. So I want to share my car through companies like Relayride to compensate the car value decrease as time. But I'm not sure if it's against my non-immigrant status. Can you give me some advice? Thank you so much.

Sorry, but that's not something you can do and remain in status. Your work choices are extremely limited.

You can read more here: http://www.immihelp.com/visas/studentvisa/working-parttime.html

 

[woodykas]

Sorry, but that's not something you can do and remain in status. Your work choices are extremely limited.

You can read more here: http://www.immihelp.com/visas/studentvisa/working-parttime.html

why not ? it not a WORK, it is just a passive income, like dividends, etc. it is not even close to EMPLOYMENT ...

 

[Proserpina]

why not ? it not a WORK, it is just a passive income, like dividends, etc. it is not even close to EMPLOYMENT ...

Are you going to guarantee the risk burden?

http://www.ipatrix.com/1998/h1b-f1-visa-earn-money-online/

 

[woodykas]

Are you going to guarantee the risk burden?

nobody can guarantee that, even lawyers. it looks like a little bit "gray area", but in this case - it is clear. it is definitely not employment. F1-visa holder can even buy a house and receive income from tenants, everything you want BUT not related to actually employment. for example - F1 holder can have LLC in Canada, and receive income from this LLC, but he cannot actually perform any job duties for this LLC while physically located in USA in F1 status.

 

[Proserpina]

nobody can guarantee that, even lawyers. it looks like a little bit "gray area", but in this case - it is clear. it is definitely not employment. F1-visa holder can even buy a house and receive income from tenants, everything you want BUT not related to actually employment. for example - F1 holder can have LLC in Canada, and receive income from this LLC, but he cannot actually perform any job duties for this LLC while physically located in USA in F1 status.

In what way is "I'm renting out my car" not considered employment?

He is performing a service and getting paid to do so.

 

[woodykas]

In what way is "I'm renting out my car" not considered employment?

He is performing a service and getting paid to do so.

where is actually _service_ ? he will not drive this car for Relayride customers. it looks like you share your cakemaker with your next door neighbor and he well share his cake with you later. is THAT should be considered as employment ? the same scheme, you rented out cakemaker, and received cake, with some cash value, so, you received income, right ?

technically - Relayride provide the service. renting out your property is not forbidden.

 

[Proserpina]

where is service ? he will not drive this car for Relayride customers. it looks like you share your cakemaker with your next door neighbor and he well share his cake with you later. it THAT should be considered as employment ? the same scheme, you rented out cakemaker, and received cake, with some cash value, so, you received income, right ?

The same arguments have been tried by F1 students wanting to work "online".

Oddly enough, the question recently popped up here: http://www.avvo.com/legal-answers/car-sharing-for-f1-student-1554136.html

Evidently the attorneys disagree with you.

 

[woodykas]

The same arguments have been tried by F1 students wanting to work "online".

Oddly enough, the question recently popped up here: http://www.avvo.com/legal-answers/car-sharing-for-f1-student-1554136.html

Evidently the attorneys disagree with you.

you still did not answer where is service ? working online is definitely forbidden, I agree, because this is actual employment inside USA territory. car sharing is grey area of this kind of laws.

 

[OHRoadwarrior]

It is a car rental income, therefore you would be operating a company renting cars.

https://relayrides.com/list-your-car/about

 

[woodykas]

It is a car rental income, therefore you would be operating a company renting cars.
https://relayrides.com/list-your-car/about

ok, regarding to F-1 rules, are you considered employed by company renting cars in this case and need to obtain EAD ?

 

[woodykas]

it makes no sense at all, like selling items on Ebay making me employed by Ebay.

 

[OHRoadwarrior]

ok, regarding to F-1 rules, are you considered employed by company renting cars in this case and need to obtain EAD ?

Yes, you would need to obtain a work visa.

 

[woodykas]

Yes, you would need to obtain a work visa.

HOW ? H1-B for WHAT ? it is not an employment, there is no such position, you are not a employee of this company. in theory I can open LLC, sell to LLC my car, and obtain H-1B for me as big boss of this LLC, but that is looks like idiotic. why do you think it is considered as employment ?

 

[Proserpina]

HOW ? H1-B for WHAT ? it is not an employment, there is no such position, you are not a employee of this company. in theory I can open LLC, sell to LLC my car, and obtain H-1B for me as big boss of this LLC, but that is looks like idiotic. why do you think it is considered as employment ?

Woody, you know fine well that's not how H1s work.

(or at least, you should)

In OP's situation, he is being paid for services rendered. That there is a middleman (the car share place) doesn't change that.

Service: Providing the car


Again, if he wants to sell the car for profit that's one thing. It's another thing entirely to rent it out (and that is what he'd be doing).