mtedeschi

Hi all,
I'm an H1B visa working in USA (almost 6 years by now).
I was offered a 15-20 hours freelance task for a software company,
20$/hour.
That means, If I accept, that I will issue a one-time invoice for
300-400$ for the whole thing.
Can I accept the task?
I know that the H1B status forces me to get an income only from my
sponsor company but I heard that I can also accept "small" job as long
as the resulting income is lower than some amount.
But I don't know the details of that. Do someone know something about
it or where I can find info?
thanks in advance
Mauro

Kevin Keane

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You heard wrong. What matters is not income, but whether you are working.

You can actually make as much money as you want off investments, for
instance, or from gambling or the like.

What your friend may have been thinking of is a hobby - it is permissible to
make some money from a hobby. Say you sell some paintings or photographs,
as long as it does not develop into a business. A good guideline is the one
the IRS uses: if there is no profit motive, they treat it as a hobby (which
doesn't mean it's tax free, by the way!) If there is no actual profit and
your expenses are higher than your income, that would be a strong
indication that it's a hobby.

In your case, though, the activity is probably too closely related to your
primary job to be acceptable as a hobby.

It is very much a case-by-case decision, but overall my guess is that you
cannot do it.

[email protected] wrote:

    > Hi all,
    > I'm an H1B visa working in USA (almost 6 years by now).
    > I was offered a 15-20 hours freelance task for a software company,
    > 20$/hour.
    > That means, If I accept, that I will issue a one-time invoice for
    > 300-400$ for the whole thing.
    > Can I accept the task?
    > I know that the H1B status forces me to get an income only from my
    > sponsor company but I heard that I can also accept "small" job as long
    > as the resulting income is lower than some amount.
    > But I don't know the details of that. Do someone know something about
    > it or where I can find info?
    > thanks in advance
    > Mauro

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Jonathan McNeil Wong

[email protected] wrote:
    > Hi all,
    > I'm an H1B visa working in USA (almost 6 years by now).
    > I was offered a 15-20 hours freelance task for a software company,
    > 20$/hour.
    > That means, If I accept, that I will issue a one-time invoice for
    > 300-400$ for the whole thing.
    > Can I accept the task?
    > I know that the H1B status forces me to get an income only from my
    > sponsor company but I heard that I can also accept "small" job as long
    > as the resulting income is lower than some amount.
    > But I don't know the details of that. Do someone know something about
    > it or where I can find info?
    > thanks in advance
    > Mauro
    >

I think Kevin is dead on correct here.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Donahue Gallagher Woods LLP Facsimile: 510-832-1486
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