Waitingnvain
05-04 10:21 AM
Hey Guys:
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..
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HV000
09-28 11:43 PM
Can all of us at least send a joint request/letter to Rep Lofgren to ask USCIS to formalise a procedure for re-capture of visa numbers?I guess USCIS can do this without any senate approvals.At least ,this will decrease retrogression a little.Any major reform looks unlikely anyways till year 2009...
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
sanju_dba
08-12 02:40 PM
if the 2k fee is passed over to H1 employee, then , her/his quality of life is further compromised to degrad ( in this economy as pay hike is tough ). That means more cheap labor and more competition to locals ( if thats how senator see h1 are low paid than locals )
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Maverick1
11-09 01:49 PM
Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .
Very SAD to know that you missed the opportunity to file AOS by 7 days. I know how painful it can be.
Do you know of any efforts to speed up the ATL PERM processing ? I see the graph at has a downward trend lately (less average time for approval).
Very SAD to know that you missed the opportunity to file AOS by 7 days. I know how painful it can be.
Do you know of any efforts to speed up the ATL PERM processing ? I see the graph at has a downward trend lately (less average time for approval).
more...
martinvisalaw
07-21 03:39 PM
http://www.ice.gov/doclib/sevis/pdf/dmv_factsheet.pdf.
This is primarily aimed at F, M or J nonimmigrants, however it is useful for all.
This is primarily aimed at F, M or J nonimmigrants, however it is useful for all.
eb3_nepa
07-05 11:51 AM
Pl create a webfax that I can send to my Senator or congresswoman. Or create a package that we can print and mail to the senators/reps.
Pappu bhai do something regarding this.
Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.
Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?
Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.
Pappu bhai do something regarding this.
Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.
Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?
Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.
more...
lonedesi
08-06 09:24 AM
Diptam, thats a tricky situation. I am not so well versed to know if Ombudsman's office will accept the form without employer's signature. let me check with few attorney's and the IV core group and get back to you.
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snathan
05-15 10:35 AM
dear members,
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.
Ideas and suggestions are welcome.
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
more...
LuckyPaji
07-24 02:21 PM
I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
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gc_chahiye
12-26 06:10 PM
Filed AP on Aug 13th, havent got it yet.
filed on 13th AUg. Receipt has notice-date of sept-end. Online status says 'pending'...
filed on 13th AUg. Receipt has notice-date of sept-end. Online status says 'pending'...
more...
Macaca
09-12 01:19 PM
Skilled legal immigrants from all over US will rally peacefully in Washington DC on Sep 18 at 9:00 AM. The rally wants to draw Congress's attention to 10+ year delays in skilled employment based (EB) immigration. The rally is being organized by Immigration Voice (http://immigrationvoice.org), a non-profit grassroot advocacy group of skilled EB immigrants from all countries.
It takes 7+ years (after 2+ years on student visa followed by 1 year on practical training) to become a resident. Some of these immigrants have returned to their countries (or gone to other countries) causing reverse brain drain: educating immigrants on tax payer dollars to compete against the tax payers. There are 1+ Million immigrants in EB immigration process.
EB immigrants have patiently waited 2+ years with focus on every other kind of immigration reform. This is inspite of the fact that EB immigration has the simplest solution: increase EB immigrant quota and streamline EB immigration process.
Skilled EB immigrants are scientists, engineers, business administrators, health care professionals, ... These immigrants are college educated but also have US MS and US PhD.
EB immigrants have generated millions as Visa Education and Training Fee (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf) (through visa application fee) and contributed billions to Social Security System (http://www.aila.org/content/default.aspx?docid=12396).
Please cover the rally and EB immigration issues during rally week.
It takes 7+ years (after 2+ years on student visa followed by 1 year on practical training) to become a resident. Some of these immigrants have returned to their countries (or gone to other countries) causing reverse brain drain: educating immigrants on tax payer dollars to compete against the tax payers. There are 1+ Million immigrants in EB immigration process.
EB immigrants have patiently waited 2+ years with focus on every other kind of immigration reform. This is inspite of the fact that EB immigration has the simplest solution: increase EB immigrant quota and streamline EB immigration process.
Skilled EB immigrants are scientists, engineers, business administrators, health care professionals, ... These immigrants are college educated but also have US MS and US PhD.
EB immigrants have generated millions as Visa Education and Training Fee (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf) (through visa application fee) and contributed billions to Social Security System (http://www.aila.org/content/default.aspx?docid=12396).
Please cover the rally and EB immigration issues during rally week.
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user1205
06-10 01:38 PM
The state chapters don't seem to be very effective.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I�m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I�m an isolated case.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I�m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I�m an isolated case.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
more...
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swo
07-20 01:22 PM
It makes me laugh. Everyone screams and jumps up and down that they can't be part of a 750,000 person flood to USCIS.
And then they get that right.
And then they get all mad that they have to wait for their EADs.
I don't see how USCIS could ever make anyone happy!
And then they get that right.
And then they get all mad that they have to wait for their EADs.
I don't see how USCIS could ever make anyone happy!
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somegchuh
01-03 01:40 PM
More than 4 years ago when I started the process I really was looking forward to getting a GC and eventually citizenship. But a lot has changed in the last 4 years. GC process has become much harder (after 4 years I am yet to file for 140 and 485). At the same time the economy back home is booming. So the financial incentive to go thru the long process is really going down by the day.
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
More than the financial factor, I have gradually started realizing that no matter how many friends I make here its never the same as having a large family network that provides for social stability for each family. Also, I have started observing aging indian couples in US who came in 60's and 70's. They look pretty lonely and sad. I guess the question I am asking myself today is, is finanical success today worth the social loss I will face once I retire?
PS: Does anyone know how to turn a thread into a poll?
more...
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at0474
04-01 11:34 AM
If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.
Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!
Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!
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arunmohan
07-11 02:49 PM
paskal, thanks for the reply. whats very frustrating for me is, these guys mess up so badly and they get away with no trace , we all know that this happened in the past and probably is happening currently too. All we are asking is a fair FIFO method and proper usage of visa numbers with transparency. The mere fact that they are not transparent raises many doubts in many minds. And these questions are not coming from those people who filed for their greecards an year or 2 ago..i just read a post in this same thread that this person has been waiting for his green card for 10 years...this is the height of ridiculousness and there is a limit for our patience, and this is it...
Thanks Paskal, atleast he is going to ask from members of IV who are in touch with USCIS about EB3 situation. I will still urge to IV team to use FOIA to find out EB3 situation. We need to know the number because I know people who ever filed I-485 before Dec 31, 2004, most of them have received GC in June/July 2007.
We don't know when this date is going reach 2003 or 2004 because it was stuck Nov, 200 before it became unavailable. Most of EB3 folks were and are entitle to EB2 but due attorneys and company's policy we filed under EB3. Since most of us are working on EAD and we cannot convert EB3 to EB2. If some one have option to convert from EB3 to EB2, we don't know how long it will take(due to backlog of I140) and what could be the endresult. We need to stand together and need to find a possible option to do something. Otherwise we are in deep mess and we will in deep mess after 2 years or 3 years.
Please give us your feedback.
Thanks Paskal, atleast he is going to ask from members of IV who are in touch with USCIS about EB3 situation. I will still urge to IV team to use FOIA to find out EB3 situation. We need to know the number because I know people who ever filed I-485 before Dec 31, 2004, most of them have received GC in June/July 2007.
We don't know when this date is going reach 2003 or 2004 because it was stuck Nov, 200 before it became unavailable. Most of EB3 folks were and are entitle to EB2 but due attorneys and company's policy we filed under EB3. Since most of us are working on EAD and we cannot convert EB3 to EB2. If some one have option to convert from EB3 to EB2, we don't know how long it will take(due to backlog of I140) and what could be the endresult. We need to stand together and need to find a possible option to do something. Otherwise we are in deep mess and we will in deep mess after 2 years or 3 years.
Please give us your feedback.
more...
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orangutan
09-30 08:20 PM
My application went to TSC, did any one check TSC parkign lot?Please post the details.:D
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ndbhatt
02-24 08:30 AM
If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
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snathan
12-16 01:07 PM
we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side
Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..
time for some action now..
One small correction. Zoe Lofgren is congress woman and not a senator.
Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..
time for some action now..
One small correction. Zoe Lofgren is congress woman and not a senator.
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!
govindk
07-11 08:15 AM
it is really a good news for EB2-I :)
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