回复：请教863211：关于H1B炒股票的问题-daytrade?

读了您前几天的一个帖子，说道H1若作daytrade 会被移民局认为是self-employment, 而影响到将来的绿卡申请。我想这是一个很有代表性的问题。很多很多的H1B都有个股票账户，而且在休假的时候，或在上班的时候，偶尔超炒股票。
-偶尔超炒股票 does not counted as Daytrade and thus, it should be OK. But if USCIS see that you do
4 or more day trades in 5 days or have done 1000 trades (buy and sell) a year, you will have a big problem for your H1 status because day trade means you spend a lot of time there and thus, can be considered as employment which conflicts to your H1 status with your H1 sponsor.

If you just buy stocks and keep for a while (e.g. a couple weeks/months), that is not day trade, but investment and investment (passive income) is fine for H1

当天买了当天卖。如果几次这种daytrade交易，就可能被视为self-employment, 我想那很多H1b会有此问题。我就有，我的EB2 - 工卡-140已经批了，正在等485。真的需要回国再签回来么？即使再签回来，你的daytrade的纪录还在那儿啊。
-If you think you have the day trade record, you had better get the H1 visa to come back. Once you re-enter U.S. with a new H1 visa, your violation of status (e.g. day trade) will be automatically removed (not count any more).

能否解释一下daytrade?
-Based on SEC: Day trader is someone who buys and sells any security the same day (for more than 3 times a week).

Based on IRS : A day trader is one who does more than 1000 trades (buy and sell) a year (that will just about get you into the IRS day trader rule) more generically a "day trader" for IRS is one who usually does it as a full time activity) and spends considerable resources etc to perform the trading. So a person doing 100-200 trades a year is probably not a day trader as per IRS. IRS does not give an example of what happens for people between these two figures (200 and 1000).

所有跟帖： 

• Thanks so much for the answer. I am Ok based on your info. -十大- ♂ (0 bytes) () 05/28/2010 postreply 08:06:03