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  • gc_maine2
    04-04 10:27 AM
    :confused::confused:

    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!


    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree




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  • anilnag
    02-23 02:29 PM
    i thought it meant that you had to wait 4 months after your priority date is current to have any expectation of adjudication... no?

    In the guideline for interpreting the dates USCIS hasn't mentioned anything about PD being current. So I think they process applications regardless of PD being current or not

    'The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).'




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  • 485Mbe4001
    08-13 04:37 PM
    Till last year EB 3 would get additional visa from the leftovers of ROW, both EB2 and EB 3-I would benefit from the ROW visia, now all the visas are going to EB2, so i agree with you, there is little hope for EB 3.

    Why are there no repurcussions if USCIS admits that they were incorrectly allocating the visa earlier. they can suddenly change the rules and everybody keeps quiet....strange.


    EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.




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  • bskrishna
    07-11 12:42 PM
    I don't see what is really different. I am not talking about July 2007. I am talking about May or June bulletin 2007. Do you mean the bulletin on May or June 2007 is to utilize the visa so the dates are not the "real" date? Then how do you know Aug. 2008 move is not for the same purpose? Especially if this movement is caused by spillover.

    There is chance that CIS and/or DOS know the breakdown of categories by country now as against last year. That is being a bit on the optimistic side.



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  • Green.Tech
    06-16 05:25 PM
    Stay on top!




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  • Libra
    09-12 02:13 PM
    thank you imm_pro, let's go to DC.

    Thanks IV...way to go.

    Just made a modest contribution of $200.

    Order Details - Sep 12, 2007 11:28 AM PDT
    Google Order #313190031134013



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  • hcard
    04-30 08:29 AM
    TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS

    http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html

    http://judiciary.house.gov/oversight.aspx?ID=435




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  • babu123
    09-09 08:22 PM
    Pappu,

    I work at NPR and joined recently. I am going to work with my manager next week and convince them to get coverage for our rally.



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  • unseenguy
    02-13 10:51 PM
    I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would contributed for IV.

    I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.

    And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.




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  • cheg
    07-23 08:24 PM
    Celebrate!!!

    Congrats! What are you doing in this forum arguing over dates?? Go out and enjoy your Permanent Residency with Champagne!!!:D :D :D Good luck:)



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  • diptam
    08-11 09:21 PM
    Srikondo man,

    I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.

    You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.

    I hope you will reply this time.

    Thanks,

    frankzulu,
    thanks buddy. ignore that intelligent person.
    He seems to be living in different world.
    I hope moderators or admin or atleast pappu privately restrain this guy from his vitrious talk.
    Coming to attending the rally, lets get some more folks from manchester, nashua area and plan on to attend this event.

    --sri




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  • nandakumar
    05-29 02:34 PM
    vadicherla has contributed $100 and updated the old contribution thread...



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  • needhelp!
    04-12 11:15 AM
    Is there any advantage with starting an LLC if you are the only person working for the company or simply filling out 1040 Schedule C is the better option in that case?

    Sole proprietors are unincorporated businesses. They are also called independent contractors, consultants, or freelancers. There are no forms you need to fill out to start this type of business. The only thing you need to do is report your business income and expenses on your Form 1040 Schedule C. This is the easiest form of business to set up, and the easiest to dissolve. (An LLC with only a single shareholder, a so-called single-member LLC, is taxed as a sole proprietor on a Schedule C.)




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  • Green.Tech
    06-19 03:25 PM
    Stay on top!



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  • ilwaiting
    04-25 11:37 AM
    H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.

    So I would think it would very wise to be given a PD based on when a person started working on "H"

    Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.




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  • kevinkris
    07-14 05:22 PM
    Go to TOP



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  • peacock
    07-18 06:14 PM
    hi
    Contributed 100 dollars today and will be contributing more in the future.
    We should all contribute to strengthen IV .
    IV CORE ROCKS




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  • Raju
    07-06 01:35 PM
    66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?

    I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
    In an effort to juggle all these issues, they screwed it all up.

    Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.

    There are about 18K CP cases.




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  • coopheal
    12-24 04:01 PM
    Lets revive the campaign to remove country limits.

    It is hurting EB immigrants from India and China and still people are unwilling to make this an important issue. We have not seen any employer take this up as an issue. However if you see country cap being added to the amnesty bill, the entire lobby of these people will make noise and will not let this happen. So let us stop giving arguments like diversity etc to ourselves because that really is not an argument across the board. So if country cap is an important issue for Indians and Chinese, they need to lobby hard against it. This has not really happened. Instead we get caught up in action items for small things that the community really wants. Imagine if the country caps are removed, the dates will move much faster. There needs to be strong support from the community if country caps were to be removed in CIR next year.




    Libra
    09-13 04:30 PM
    thank you GCNaseeb and sunty for contribution. LET'S GO TO DC.

    $100 Sent thru Paypal. (ID #9U1869976C484994N)


    Go IV Go.




    harsh
    03-16 02:03 PM
    Would it help to call senator Specter's office to find out what he feels about the chances of his bill? Will it get a chance to go through all the amendements by the committe or Senate Leader will table his own bill on 27th?



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