pmat
02-08 03:59 PM
Online status shows up as CERTIFIED.... :D
wallpaper Actress Halle Berry has
vjkypally
07-24 04:54 PM
I mean Stereotyping.
jonty_11
07-06 01:05 PM
He is a excellent lawyer it seems , may be i'll hire him ...
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
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nyte_crawler
04-26 12:38 PM
You have been calling H1 PD will be fair for some time now. I dont think it is. It is infact unfair for those who have the intention to immigrate. (Sorry to say this time and time again)
Let's say,
Person A comes in Jan 1999, works for several companies and infact jumped around for higher pay and better prospects and just before the 6th year is finished he/she applies for the GC process.
Person B comes in Dec 1999, works for a year and decides to settle and applies for the GC process and get stuck with the employer.
According to your argument, who gets a better deal, Person A. But is it fair. Absolutely Not. Lets say you walk into a grocery store, but want to stand infront of the queue in the check-out line just because you entered in the grocery store first does not makes sense. :)
Learning01, thanks for hijacking the topic to SS and Medicare. :)
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
Let's say,
Person A comes in Jan 1999, works for several companies and infact jumped around for higher pay and better prospects and just before the 6th year is finished he/she applies for the GC process.
Person B comes in Dec 1999, works for a year and decides to settle and applies for the GC process and get stuck with the employer.
According to your argument, who gets a better deal, Person A. But is it fair. Absolutely Not. Lets say you walk into a grocery store, but want to stand infront of the queue in the check-out line just because you entered in the grocery store first does not makes sense. :)
Learning01, thanks for hijacking the topic to SS and Medicare. :)
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
more...
reachag
12-18 02:30 PM
# nycgal369, Senior Member like you coming up with this idea...hmmm..
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.
First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?
My point is not to discourage but just for a reality check
I_need_GC
03-13 02:32 PM
Something just popped up from my family.
I filed concurrent 140-485-765-131 in Nebraska.
DHL delivered the package on 1st of february.
My checks were not yet cashed and I did not get any reply from USCIS (and neither did my lawyer).
My lawyer said it is impossible and I am better off refiling but this implies redoing a lot of things that cost money and time.
How can I try to expedite without a receipt number?
Well what you should have done was filed it with the local USCIS office with a letter proving the emergency at this stage all u can do is wait for the receipt notice once you receive that make an infopass appointment and explain your emergency with proof they will expedite.
I filed concurrent 140-485-765-131 in Nebraska.
DHL delivered the package on 1st of february.
My checks were not yet cashed and I did not get any reply from USCIS (and neither did my lawyer).
My lawyer said it is impossible and I am better off refiling but this implies redoing a lot of things that cost money and time.
How can I try to expedite without a receipt number?
Well what you should have done was filed it with the local USCIS office with a letter proving the emergency at this stage all u can do is wait for the receipt notice once you receive that make an infopass appointment and explain your emergency with proof they will expedite.
more...
vjkypally
09-10 03:48 PM
Fedup is an understatement. Zero accountability. After moving dates to 2006 now dates go back to 2003????????? Last year it started with date being at Apr 2004 and this year starts with Apr 2003????? This is beyond ridiculous!!!aaaaaaarrrghhhhhhhhhh.
P.S Its wrong to tell that guys with MS are getting their GC's before others. I have one and so do many others I know. There is no order guys...........
P.S Its wrong to tell that guys with MS are getting their GC's before others. I have one and so do many others I know. There is no order guys...........
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amitga
07-06 12:37 PM
We just need 20,000 active members to make a change, which is approx 10% of the total number of GC apps pending. At the most 2000 people are active.
If somebody can being in 20,000 active members to this forum, the change will happen.
If somebody can being in 20,000 active members to this forum, the change will happen.
more...
TeddyKoochu
12-10 05:16 PM
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
Appreciate your optimism; I hope your predictions for the season end are correct. We have nothing but hope, let�s not lose it.
Appreciate your optimism; I hope your predictions for the season end are correct. We have nothing but hope, let�s not lose it.
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gapala
09-05 03:43 PM
The unbelievable growth in India made me explore a bit in terms of investments, ended up with the financial advise and recommendation from experts that we cannot directly invest in equity as an NRI. Only investment allowed it seems, for NRI is in real estate. Not sure whether this is true. There holds the surprise I could not add up the numbers in real-estate in India. Real estate in India is darn expensive even by international standards (with per capita GDP of $700->$2500 per annum).
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
more...
cellphone
09-13 02:40 PM
Hi All,
Ads and other process took around 8 months(approximately). Just I was talking about the day labor filed with DOL to approval email to HR department. Just I am sharing this information thinking that it might help for someone in thinking in that direction. Eb3 & Eb2 both labors are from the same company. I have US masters degree ( if any wants to know about that).
Your questions are welcome and as much as I know I will share.
Thank you and best of luck to all.
dude, why 8 months?
btw, this is userful info for me as I am trying to get my PERM filed under EB3...and I have changed employers.
Ads and other process took around 8 months(approximately). Just I was talking about the day labor filed with DOL to approval email to HR department. Just I am sharing this information thinking that it might help for someone in thinking in that direction. Eb3 & Eb2 both labors are from the same company. I have US masters degree ( if any wants to know about that).
Your questions are welcome and as much as I know I will share.
Thank you and best of luck to all.
dude, why 8 months?
btw, this is userful info for me as I am trying to get my PERM filed under EB3...and I have changed employers.
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kaisersose
06-24 12:30 PM
Hasn't this been discussed already?
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
more...
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pd_recapturing
07-14 02:29 PM
Done !!!
Here is the BofA transaction desc:-
Immigration Voice $ 10.00 07/18/2008 7YB4S-SMGL8
Here is the BofA transaction desc:-
Immigration Voice $ 10.00 07/18/2008 7YB4S-SMGL8
tattoo Halle Berry.
vina92
12-13 01:29 PM
Gandhigiri approach is going to be the best approach for this if we do it in the right way.
Our cause, which is going to benefit us and our families only, are not going to invoke sympathy from any average americans.No matter how good a scientist,physician,software engineer you are, the educated americans understand that but not average american. So no wonder, that some politicians and business interest groups appreciate our presence but others simply do not care because it does'nt affect them.
So we have to prove ourselves in various fields and make ourselves visible and indispensible to the local communities, state and the country.
How are we going to do it? I do not know! Here I do need brainstorming ideas. May be doctors can provide free health care to people without health insurance and donate some free time. We have to think of various other strategies. Like creating local food banks etc.
I do not think we can coordinate such efforts in such a large scale so it's not going to happen.
Our cause, which is going to benefit us and our families only, are not going to invoke sympathy from any average americans.No matter how good a scientist,physician,software engineer you are, the educated americans understand that but not average american. So no wonder, that some politicians and business interest groups appreciate our presence but others simply do not care because it does'nt affect them.
So we have to prove ourselves in various fields and make ourselves visible and indispensible to the local communities, state and the country.
How are we going to do it? I do not know! Here I do need brainstorming ideas. May be doctors can provide free health care to people without health insurance and donate some free time. We have to think of various other strategies. Like creating local food banks etc.
I do not think we can coordinate such efforts in such a large scale so it's not going to happen.
more...
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tsnaresh
09-28 07:42 AM
Filed my first GC in 2001, didn't go well (3-year degree issue). Refiled in 2004 and waiting ....13 plus years since landed in US (1997).
dresses Halle Berry. Jan 16 2011
amitjoey
07-18 04:58 PM
Contributed $100 today and more to come.
If I can't volunteer my time, the least that I can do is contribute $.
Thanks a lot.
If I can't volunteer my time, the least that I can do is contribute $.
Thanks a lot.
more...
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chanduv23
03-02 12:46 PM
... its just an acknowledgement of reality as it stands today.
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
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imm_pro
07-20 04:35 PM
NUMBERS USA Analysis opposing this bill-
http://www.numbersusa.com/PDFs/Cornyn-skil%20act%20_S.%201083_-summary%20chart.pdf
http://www.numbersusa.com/PDFs/Cornyn-skil%20act%20_S.%201083_-summary%20chart.pdf
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Becks
03-19 05:29 PM
I bought a home recently in PA. All I showed are I485 receipt, expired visa on passport,employment and other proof of income . They never asked me the EAD. Loan is through BOA. Most of the immigrants maintain good credit scores so there is good chance of getting loans approved.
Blessing&Lifeisbeautiful
07-24 04:12 PM
Calling all Schedule A professionals? Anyone concurrently filing this July?
Hope everyone has seen the USCIS release of yesterday
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Hope everyone has seen the USCIS release of yesterday
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
jung.lee
04-04 12:55 AM
:confused::confused:We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
...
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
...
[
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
...
Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
...
[
But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.
Good luck.
I am excerpting Internal Revenue Code Section 1361 below:
Internal Revenue Code
� 1361 S corporation defined.
(a) S corporation defined.
(1) In general.
For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.
(2) C corporation.
For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.
(b) Small business corporation.
(1) In general.
For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�
(A) have more than 100 shareholders,
(B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,
(C) have a nonresident alien as a shareholder, and
(D) have more than 1 class of stock.
(2) Ineligible corporation defined.
For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�
(A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,
(B) an insurance company subject to tax under subchapter L,
(C) a corporation to which an election under section 936 applies, or
(D) a DISC or former DISC.
There is no mention here that the "resident" must be a permanent resident.
Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:
Reg �1.871-2. Determining residence of alien individuals.
Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357
(a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.
(b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.
Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:
Reg �1.871-4. Proof of residence of aliens.
(a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.
(b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.
(c) Presumption rebutted.
(1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�
(i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or
(ii) That the alien has filed Form 1078 or its equivalent; or
(iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.
(d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.
(c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.
In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.
Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!
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