[joshfella]

Hello,

My name is Josh, and I'm an F1 international student from Vietnam. This issue I ran to maybe already happen to other students, so I seek for your advice of what I should do.

I had started an Amazon online store since 2010, I've been selling a few things I don't use anymore like books. But early 2012, a friend of mine knows that I had an Amazon seller account, so he asked me to sell (or listing) electronic products for him since he doesn't want to run into trouble with Amazon by creating a new account. And in the same time, I manage customers and orders, and he will give me a little commission from selling profit. So I helped him, and the sales went too well during Summer and Holiday season that my account reached $50,000 in gross income with $4,000 for return and refund products.

I always understand that "working off-campus" is illegal for international students so I never did that (ever), but I never know having a simple "online business" like this also can run me into trouble. (I wish when I got my visa, the Embassy gave me a list of what you should do when you go to US).

This January I receive 1099-K form from Amazon with all the income has made by my account, while I looked up for the information how to report this back to IRS, then I realized I involve in some trouble. In the tax aspect, I know I have to file Form 1040 Schedule C for this, but I don't know if I also have to file Form 1040NR ? Among with 1099-K, I received 1098-T form from my university that indicates I paid full-time tuition last year for $10,000 after scholarship.

I've been studying here for 5.5 years, and I have come back to my country twice in 2008 and 2011 and renew my visa twice during that time.

Things has been done, and I wish that I could be more wise back then to look things up online before I decide to do anything involve with money. But one year left until I finish my degree, so I really want to stay until I finish everything.

I earnestly seek for your advice in both aspect of tax and immigration in this case of what I should do.

Thank you very much.

[JudyKayTee]

You need legal representation - definitely an Immigration Attorney, possibly a tax Attorney.

You have violated the "rules" and need someone educated in this specific area of law to advise you. The "rule" concerning how/what/where you can work are very, very specific, and it would appear that you did not follow them. You don't consider an on-line business to be working off campus?

No one has to give you a list - if you are smart/clever enough to file for an F1 visa and be accepted you should be smart/clever enough to know what that visa entails.

I'm sorry, but I have no sympathy. Your problem appears to be that you got caught.

[joshfella]

The fact for the action, I don't defend it. I know that it was wrong, and it's even more wrong if I try to defend myself that I didn't do anything wrong. But information I put on here is honest, maybe I'm very smart/clever enough to Ace all my classes but there are still some certain things I interact with everyday but I have no idea what the content inside of it.

Deep inside I'm already blue enough for the thought of the consequences, and I think I come here to ask for advice, not sympathy, so I can pull myself toward the right direction to be able to finish the rest of the road.

Thank you anyway for your input.

[JudyKayTee]

My advice hasn't changed - retain an Immigration Attorney. You are going to need a good one.

[joshfella]

I just sent a message to an old friend who is a lawyer and focus specific on Immigration area at another state. I mentioned about the specific form I received and my current status, his response is pretty general and don't ring a bell in my head that he may think the situation is serious. I'll go to HR Block tomorrow for tax preparation, but what I suppose to ask the lawyer for the specific situation.

[newacct]

..

[JudyKayTee]

With luck I'm wrong, my research is wrong, your friend in another State (which makes no difference when Immigration is involved) is right. Immigration laws are US, national, not State laws. I have no idea what type of law he practices.

F1 visas are very specific about working in the US - but, again, hopefully I am wrong.

What do you think HR Block will do other than prepare your tax returns?

You either can't or won't look up the law and so here it is:

“If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.
1. You may enter the F-1 or M-1 visa category provided you meet the following criteria:
You must be enrolled in an "academic" educational program, a language-training program, or a vocational program
Your school must be approved by USCIS
You must be enrolled as a full-time student at the institution
You must be proficient in English or be enrolled in courses leading to English proficiency
You must have sufficient funds available for self-support during the entire proposed course of study
You must maintain a residence abroad which he/she has no intention of giving up.
F-1 Student Visa
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.”

"Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:
Curricular Practical Training (CPT)
Optional Practical Training (OPT) (pre-completion or post-completion)
Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

M-1 students may engage in practical training only after they have completed their studies.

For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS."

http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

[lawanwadee]

As an F-1 student, you are allowed to work on campus, CPT, OPT. You're not allowed to work as "employee" for anyone BUT you are allowed to establish your own business as long as what you do is managing business, not being an employee.

Regarding taxes, you must talk to your friend first to see if he would be willing to help paying taxes which should be his.

DO not go to HR Block or any franchise tax stores, they have no clue how to deal with complicated case, especially case of 1040NR with schedule C, 1099-K, 1099-B, etc.

In conclusion, there is nothing to worry about as long as you pay taxes. Don't ignore this issue because you will get letter from IRS soon.

Good luck..

[joshfella]

Thank Lawanwadee for you response.

I understood about the tax problem, so I never have any intention for not filing the tax and will talk to my friend since it's mainly his income. Problem is I want to find how to do it right in my case. And Yes, I gave up my thought to go HR Block after JudyKayTee's response and look into a good tax expert group to go to in this case.

I just read in this website:
Immigration Law Articles | Klasko, Rulon, Stock & Seltzer, LLP: Murky F-1 Employment Questions

As there is information as you mentioned, I may run into trouble with action has already been done, but seems like there is still ambiguity in law regarding to this matter for international students.

My brain gets a little bit more air in now. Thanks!