terytate

OK, thanks, but I'm fishing for a detailed answer that I think it is complete. Clearly there are people on H1Bs 'not-running' their own businesses in the US and outside through LLCs etc.

Concurrent H1Bs is obviously the way to go to work for a second company long term, but 'one-off' sales of goods do not seem to constitute 'doing business', which is prohibited on the H1B as you rightly say. Unless there is an issue doing a 'one-off' sale with a company as opposed to private individual?

Noorah101

The difference I can see, as a layman, is that if you sell your personal computer in the USA so you can buy a new one, you're just selling something personal that you own, once. You're not trying to make a profit, you're not running a business, and you had a personal reason for selling it.

What you are describing seems to be for profit, more than 1 sale, and planning ahead for it. To my layman's view, that sounds more like "work". If you want to be selling things that you wrote or made, for a profit, it sounds like you're running a business.

Rene

Noorah101

So I guess you need to find them and talk to them, and see how they're doing it legally?

Rene

Bob

That would be work and not allowed, that's not a grey area.

terytate

Selling on ebay seems to be fine, for low volume, 'one-off' items that you have used for your own purposes and sold, from my reading. Whether the item is a computer, or a piece of code, seems irrelevant if it is a single transferable unit.

Bob

If you're selling off your junk, that's just selling off your junk, if you're selling stuff regulary for money, that would be work and not allowed.

If your hell bent on doing something dodgy, that's up to you, it's no skin of anyone elses nose. You just want to talk to a immigration lawyer first to fully understand what you are getting yourself into, especially if you have any long term plans of staying in the US.

terytate

Clearly I am not going to risk something illegal - but I am keen to run scenarios past more experienced readers here to work out exactly where the leeway is, rather than sitting on my hands with an imprecise blanket definition of what 'work' is... Words like 'regular' are open to interpretation - and so it is desirable to know the bounds of such interpretation etc.

Thanks.

Bob

If you do something that is ordinarily a paid position, that is work. Doing websites is work.

Can't get any clearer than that.

terytate

So if I volunteer (web design) for another company, and they provide me a car to use for this volunteer work, then I am fine?

Noorah101

Why not run your scenarios past an experienced immigration attorney instead, he would be the one to give you a better view of your scenarios than we laymen would.

Rene

Noorah101

NO. You cannot volunteer for a job which is normally a paid position. And if it truly is a volunteer position (meaning ANYone who applies for that position gets NO pay), you also cannot accept anything at all in compensation, such as the use of his car, or getting reimbursed for expenses you pay out of pocket, they can't buy your lunch, or anything.

Rene

Noorah101

Yes, but is this what YOU are wanting to do? It seemed to me that you wanted to do more than just a 1-time sale of a computer (or whatever) that you already own.

Rene

ian-mstm

Umm... right. You're asking because you want to know how much you can get away with, before it becomes "too much".

I speed when I drive. I'm aware that I speed when I drive. Speeding is illegal. I accept the risk and speed anyway. But even 1 mph over the limit could get me a ticket. What are the chances that I'll get a ticket for driving 1 mph over the limit? Is that the same thing as it being okay to drive 1 mph over the limit?

Ian

Bill_S

You seem desperate for someone to tell you that taking on side jobs will be ok. Nobody here is going to do that. Hire a lawyer and get the story from him.

ian-mstm

You can't. You can't do any work that someone else might be paid for. You can't "work for free".


No. You can't receive any compensation whatsoever, and money isn't the only form of compensation.

I understand that you're asking because you don't know... but we're giving you the benefit of our 10 or 13 years of experience with exactly these sorts of questions. You can ignore everything we say, if you want to. That's your choice. But don't, for a moment, think we're going to actually help you define that line.

Ian