Chrisdc

Hey there,
Can someone help me with this question?

If I spend my own money to make a short film, and subsequently license the rights to a TV network to show it - does that constitute emplyment to BCIS?

If it makes a difference, I would lose money rather than see any income from this.

Thanks in advance!
Chris

Chrisdc

I forgot to say!

I am currently on an H1b and want to worried about the above being "illegal emplyoment"

scrubbedexpat099

If it is within the remit of your H, no problem. Otherwise no.

Kevin Keane

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Hard to tell. Since you say that you would likely see a loss, it would
probably qualify as a hobby, and be legal with an H-1B.

If you did it to make money, it would certainly be employment and
illegal with an H-1B.

Chrisdc wrote:
    > Hey there,
    > Can someone help me with this question?
    >
    > If I spend my own money to make a short film, and subsequently license
    > the rights to a TV network to show it - does that constitute
    > emplyment to BCIS?
    >
    > If it makes a difference, I would lose money rather than see any income
    > from this.
    >
    > Thanks in advance!
    > Chris
    >


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Chrisdc

Thankyou for the response Kevin,

It seems to be a grey area - the BCIS definition of employment is apparently very broad - anything which renders me a "benefit".

My fear is getting a 1099 for income even though I will have a record of spending a lot more than I earn. If I do AOS or any GC processing the 1099 may be noticed (on my tax return) and lead to complications...

or maybe it won't?

Is there mention of hobbies in immigration legislation?

Kevin Keane

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Chrisdc wrote:
    > Hard to tell. Since you say that you would likely see a loss, it would
    > probably qualify as a hobby, and be legal with an H-1B.
    >
    > If you did it to make money, it would certainly be employment and
    > illegal with an H-1B.
    >
    > Chrisdc wrote:
    >>>> Hey there,
    >>>> Can someone help me with this question?
    >>>> If I spend my own money to make a short film, and subsequently
    >>>> license
    >>>> the rights to a TV network to show it - does that constitute
    >>>> emplyment to BCIS?
    >>>> If it makes a difference, I would lose money rather than see any
    >>>> income
    >>>> from this.
    >>>> Thanks in advance!
    >>>> Chris

    > Thankyou for the response Kevin,

    > It seems to be a grey area - the BCIS definition of employment is
    > apparently very broad - anything which renders me a "benefit".

Not quite. Investment activity would clearly be permissible. What counts
is how much time you invest in the activity, and *then* whether it was
done with a money-making intent.

    > My fear is getting a 1099 for income even though I will have a record of
    > spending a lot more than I earn. If I do AOS or any GC processing the
    > 1099 may be noticed (on my tax return) and lead to complications...

    > or maybe it won't?

USCIS would usually rely on your own statements anyway. It is of course
entirely possible that they do ask you. That's not in itself a problem
as long as you have a good reason and can back it up. It is of course
possible that this would go on to appeal, and then into the court system.

Personally, I think the risk is low as long as you keep documentation
that it really is a hobby.

1099s for hobbies are quite common. Think of a hobby photographer, for
instance.

    > Is there mention of hobbies in immigration legislation?

I don't think it's explicitly mentioned. It would probably show up
mostly by its absence.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
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.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
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