I suspect that a good lawyer will be able to recover most of it for him, especially since his presence in the US was not material to the earning of that income.
If the work that generated the income was done while he was physically in the US, then the immigration folks will definitely have an opinion on if it was legal under his visa terms. This may or may not have an impact on any potential legal remedies that are available wrt Paypal.
I heard of someone who was deported because he was painting fences for some disposable income. My guess is that the OP actually needs an immigration lawyer, not a civil claims lawyer (or whatever they are called).
It's a sticky situation, and likely depends on whether the money was being posted to a PayPal account with a US or Venezuelan address/bank account, and whether he actually performed any work on turn.js while in the US. My guess is that if PayPal are asking for the SSN, he tied it to the USA, which is going to be a problem.
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BUT, let's say OP gets a lawyer and starts exchanging nasty letters with Paypal. Any Paypal lawyer worth his salt is going to quickly say "Hmm, you're a student? Does your visa situation allow you to earn money in the US, or was this income generated illegally? Let's ask USCIS for their expert opinions. By the way, you do realize they can deport you, right? Are you SURE you want to continue down this road?"
But you're being nasty about Paypal, and I very much doubt the implication. I'll bet you 10:1 that Paypal would rather give him his money. But they also want to be in compliance with the law. They also want to spend the least they can on policy-vio detection and fraud detection ("least they can" means "a hell of a lot", say my professional connections; they're serious about fraud), and the least they can on customer service, and have minimal PR consequences.
It's not like they get to keep the money if they decide it's not legal to move it; they have to give it back, or pass it on. They'd rather pass it on and have more future business, from which they can take their cut. But they won't flagrantly break the law to do it, and they can't spend infinite resources making sure the right thing happens in every single case.
I'm working legally in the US (TN-1), but my wife is here without permission to work (TD-1) (and is not working). When I discussed her options with my immigration lawyer, like maybe should could remote-work for a company back home, my lawyer said (informally) that any work or any income, while in the US, was subject to immigration law. In fact, I was told US immigration's opinion is that when non-US citizens answer work email while on vacation in Hawai'i, it's technically illegal (although obviously everyone happily ignores that in practice).
What a surprise, countries are really no-fooling serious about protecting jobs for their own citizens.
So it's quite possible that in this case, Paypal had no legal alternative.
US Customs took his aside and was't going to let him pass (no surprise) but let him through but told him he could pass but he couldn't work in the US not even housework, not a joke.
> I suspect that a good lawyer will be able to recover most of it for him, especially since his presence in the US was not material to the earning of that income.
I'd be very surprised if this argument were accepted, given that presumably a lot of OP's income came from US sources (if OP was temporarily in the US, AND was being paid from non-US sources, AND the total sum was not as high as 200 grand, then arguably the case would be in a gray area [1]). Otherwise, it would be too easy to enter the US on a tourist visa and work from home, coding or teaching $foo via Skype, but good luck explaining that to the immigration authorities on entry.
However, it's not clear whether OP was actually in the US when they were selling the licenses.
[1] http://www.nationofimmigrators.com/employment-based-immigrat...
This coming Summer, apply for pre-completion OPT.
You are allowed to start a company (register a corporation), and work for it under OPT status. I have inquired about this on HN before: https://news.ycombinator.com/item?id=1523021 I also verified with the DSOs (Designated School Officials) at my university, who are authorized to give legal advice on this matter, and they said that it was indeed possible to be self-employed / do a startup while on OPT.
What you should do is:
1. Apply for pre-completion OPT right away. Once you get your EAD (it'll have a start date on it), register for a C-Corporation after the start date. (Unfortunately, non-citizens cannot start S-Corps, which are actually more suited to startups).
2. Then get a bank account on the company's name; link that account to your PayPal account, and cash the money to the company's bank account. You can then pay yourself a lump-some "salary" or cash it out via stock dividends.
3. Since your pre-completion OPT is authorized only for the summer, you'll have to stop "working for your company" at the end of the OPT period. So that this doesn't bite you again, in the meanwhile you should find a different solution to charging customers such as an international PayPal account or some other payment solution that is not based in the US.
4. Once you graduate, you'll be able to work for you company for atleast 12 months; and if you have a STEM degree (Comp Sci counts as one), you can work for it for an additional 17 months (adding up to a total of 29 months). After that there really aren't any other visas for startups / being self-employed, as the H1B requires that you own less than 50% of the company employing you (the real issue is that "you are not in control of your employment" and that you're fireable -- so even substantial ownership under 50% might be problematic -- but IANAL and I don't know about this. It might indeed be possible to do a startup on an H1B with 3 co-founders. Check with a lawyer.)
5. After the 29 months of post-completion OPT, if you are not particularly attached to the United States, there are many countries that welcome startups and self-employed freelancers and issue visas for such people. One such place is Dubai, a modern metropolitan city with people from various backgrounds. The DTMFZA (Dubai Technology and Media Free Zone Authority) issues Freelance permits (for $3k/year) that let you be self-employed in the country. One of the great things about Dubai (and the UAE in general) are the zero taxes. To top it all, Dubai happens to be a really great city. Other options, perhaps include Singapore and other cities/countries, but I don't know about the immigration/visa deal for freelancers in those countries.
Good luck! If you have any further questions, feel free to reply to this thread -- I'll be monitoring it.
Until then, hopefully you can trust PayPal to hold onto your funds (and not gobble it up for some stupid reason).
If by that you're referring to the rule that mandates you maintain minimal periods of unemployment; Yes.
Since you're running your own company, as long as you don't fire yourself you should fulfill this requirement.
The F-1 OPT status allows for upto 60 days of unemployment though. This means that means if you were to work a regular job, you still do have a little gaps of time in between switching jobs to search for a new job.