Can an H-1B visa holder rent via Airbnb? Is this a violation of status?

Question details

My status changed from F-1 to H-1B status this year on Oct 01, 2022. Since I am now on an H-1B visa, I am planning to buy a house soon, before the end of this year, and my plan is also to rent out other rooms and maybe Airbnb in the future. I researched this is considered passive income and is legal but:

1. I was wondering if I can do the same by opening an LLC. Will this still be considered passive income?

2. Another question, since my status changed from F-1 to H-1 this year, for 2022 taxes, should I still fill out the 1040 NR form or not?

 

ANSWER
Video URL
FAQ Transcript

I really cannot tell you that there is a clear guidance from the USCIS on this issue. I would avoid this unless you are the adventurous kind. Just remember one thing: the fact that you were engaged in unauthorized or questionable employment or income generation is less damaging to you than lying about it.

 

Nóte:

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