Immigration Law

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Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

I got 1099k So i have question about it

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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Answered in 5 minutes by:
2/6/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,640
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Yes, I am here. What are your questions?

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Customer reply replied 4 months ago

[7:41 PM, 2/5/2018] ***** I am on a H1 visa and have my green card applied for and have my 1-140 approved. I sold some items on eBay which I had bought and no longer wanted but they sold for a profit. This was just a couple of times. The transactions went through PayPal. Within a day of selling these items, I found out that being on a H1 visa I am not supposed to sell stuff like this and thus I refunded the money back for a few of the larger transactions which amounted to about $13k. Today i received a 1099-K form from PayPal in the amount of $15,142. As a rule they are apparently not supposed to remove the refunded transactions and only report the gross transactions. I am worried if this would cause a problem to my immigration status?

Customer reply replied 4 months ago
Hi Are you there

Yes, give me a few minutes please.

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This is a grey area since you were not working but you did make a significant income. It may be considered unauthorized employment. However, it already happened and you have no choice but to declare it in your income taxes now and hope for the best. It may go undetected by USCIS in the future since you already here and applying for a green card.

Good luck to you and I hope this answer has helped you.

Please kindly click "Finish by RATING" and choose a rating from the STARS ★★★★★. The question will NOT finish or close after you click and rate me. DON'T WORRY. It will stay OPEN after you rate me and I can continue to answer your follow up questions at no additional charge, if you have any.

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Again, if you have additional follow up questions for me, please ask and I will be happy to clarify. Your satisfaction is my #1 goal.

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Customer reply replied 4 months ago
I am currently employed. Why do you say 'since you were not working but you did make a significant income'? I am a little confused. Can you please clarify this?

I meant the situation is considered a grey area because you were not working in a second job (which would be illegal without another visa) but you did earn money selling items. Due to that, it can be considered unauthorized employment even though you were not actually employed just selling items.

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Customer reply replied 4 months ago
Ok. Got it. Thank you for the clarification. Though I did sell items workth $15k, I refunded back $13k for some of the larger items and effectively only was paid $2k over the year for some of my other small used items that I sold. In this scenario would this still be a significant amount?

It is not terrible significant and you may be fine. You should speak to a tax specialist so that you can reflect this correctly in your taxes.

I hope this helps and hope you can kindly issue a good rating today.

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Customer reply replied 4 months ago
Okay Thank you

You're very welcome!

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Customer reply replied 4 months ago
I am not able rate you here rating stars and submit button is disabled. Tried allot

Oh that's my fault, I did not select a button. Try now please. Thanks for trying!

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,640
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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