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It becomes a problem when you start day trading regularly and you are considered a trader more than an investor. It will look like it is your full time job.
As long as you have your full time job on H1b, you should be good if you make more on trade. You only need to prove that you work full time for the employer who petitioned you for h1b. I am not an immigration lawyer and it should not be considered as an advice.
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accidental day trades doesn't make you a day trader.
I'm sure SEC or some bodies have a definition for day trader. However, from a DOL or USCIS perspective, common sense application would rule. Are you genuinely employed by someone on your H1 position or are you day trading as your primary employment
I think there is a very high bar to be considered an active day trader. A few day trades should not be an issue.