akhilmahajan
09-14 02:04 PM
Ppl dont deserve, its their right. If they understand the meaning of deserve, they would be in DC with families.
But we educated ppl still think we dont deserve.
I dont know when we will come out of our comfort zone.
Its very easy to find 1000 cowards but always hard to find 1 brave person.
I am sure all our educated brethern are BRAVE ppl, but i think hesitant to show it outside their comfort zone.
Go IV Go
It's on September 18th or Never.
But we educated ppl still think we dont deserve.
I dont know when we will come out of our comfort zone.
Its very easy to find 1000 cowards but always hard to find 1 brave person.
I am sure all our educated brethern are BRAVE ppl, but i think hesitant to show it outside their comfort zone.
Go IV Go
It's on September 18th or Never.
wallpaper Re: Smoke With A Cartoon
americandesi
11-29 02:00 PM
Can anyone outline the advantages/disadvantages of Sole Proprietorship vs. LLC for a single individual who plans to provide website designing/development services for companies in/outside US?
vrbest
03-10 10:31 AM
Chase, Union Savings bank, Wells Fargo & Citi. I think if the sales person(agent) talking to us is well informed about our status they will work with the underwriters to get the loan approved- since it helps on their commissions as well.
vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.
vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.
2011 funny cartoon characters
unseenguy
02-08 05:33 AM
If the girl is working and earning money, she has all the rights to spend the way she wants, including giving money to her parents. If she is not working, then help should be based only on humanitarian basis because we never know when one's financial situation changes. I can't understand how any girl can force her husband to spend for her parents and siblings especially when she is not earning.
Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?
Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?
more...
chanduv23
11-20 04:57 PM
If you really think then there is a 'conflict of interest' between an applicant and an attorney. If you looks at this way, attorneys do get paid for filling of H1B extensions. isn't it? I do not say that attorneys are bad and do this on purpose, but think about all possibilities. It really depends on individual. Thoughts? :(
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Caliber
03-12 12:58 PM
I support the donor idea. But there is no transperency to who is leading what initative. If i want to contribute my time, i have to read through the posts every day for several hours to find who is leading the effort so i can discuss with them. Sometimes i feel there is so much more talk. Why don't we list out the initiatives that is being considered or worked on. Along with some contact information so people can discuss offline with them. I cannot be online for several hours and read through all the discussions and still not find out who is coordinating the efforts.
Dear Vin13,
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
Dear Vin13,
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
more...
gsc999
07-15 04:12 AM
GSC999 is back..Yay
Hello Santb,
Thanks for the welcome, good to see you too. Hope things are well.
Finally made it through the hectic work schedule.
Lets get some things done. We have the San Francisco 5K walk/race coming up too. Gotta get ready for that.
This is a shout-out to Bay area members. Contact Nola, Santb or me to participate in this event.
Cheers
g
Hello Santb,
Thanks for the welcome, good to see you too. Hope things are well.
Finally made it through the hectic work schedule.
Lets get some things done. We have the San Francisco 5K walk/race coming up too. Gotta get ready for that.
This is a shout-out to Bay area members. Contact Nola, Santb or me to participate in this event.
Cheers
g
2010 Students who smoke marijuana
sanjay
02-24 06:34 AM
I had been going though the same phase. More from the last 6 months, from when my dates are current and nothing is happening. Its been a long wait, more than 7 years and counting.
Only time I feel less pain is when I compare the pain, to a person or post from my land who are waiting from 2001 and still having hope. When I go to India and see some of my friends who are now project managers, I get to think whether it was worth the waiting or am I living in a black hole.
From last 4 - 5 years, even the salaries are at par. I could have enjoyed life more than here and be with my parents and friends. But, I don't have to blame anyone as it is me who choose to live in pain and now when I am used to it and had fear of loosing it.
But, then I still believe in GOD and know that he would make me sail through it one day.
No pun here but Cheers. Have faith in almighty and one day you will get answers to all your questions.
Only time I feel less pain is when I compare the pain, to a person or post from my land who are waiting from 2001 and still having hope. When I go to India and see some of my friends who are now project managers, I get to think whether it was worth the waiting or am I living in a black hole.
From last 4 - 5 years, even the salaries are at par. I could have enjoyed life more than here and be with my parents and friends. But, I don't have to blame anyone as it is me who choose to live in pain and now when I am used to it and had fear of loosing it.
But, then I still believe in GOD and know that he would make me sail through it one day.
No pun here but Cheers. Have faith in almighty and one day you will get answers to all your questions.
more...
knnmbd
04-26 12:39 PM
Guys ,
We have to stick to immigration reform..
Let's not get into the medicare/social security/income tax issues.
That would open a complete new front on which the immigration refrom opponents can attack you...
Our organization has to steer clear of the landmine issues like Medicare, Social Security reform. Those issues have sank many political careers in washington...These issues are tar pits..swamps...
We are threading a needle here...the thicker your thread gets..the less likely it would get through the needle hole..
We have to maintain focus and not get carried away.
Guys,
I agree with msp1976 on this. We need to focus on only the retrogression issue; everything else is great for time pass till the 27th when the SJC reconvenes.
We have to stick to immigration reform..
Let's not get into the medicare/social security/income tax issues.
That would open a complete new front on which the immigration refrom opponents can attack you...
Our organization has to steer clear of the landmine issues like Medicare, Social Security reform. Those issues have sank many political careers in washington...These issues are tar pits..swamps...
We are threading a needle here...the thicker your thread gets..the less likely it would get through the needle hole..
We have to maintain focus and not get carried away.
Guys,
I agree with msp1976 on this. We need to focus on only the retrogression issue; everything else is great for time pass till the 27th when the SJC reconvenes.
hair house smoking weed, killing
snathan
03-12 12:33 PM
No, it does not even do that. it does not let FOIA donors logon too.
First, the whole concept of donor based organisation is so stupid.
I mean really stupid.
If the donor based thing is ON, the future of IV is not good.
Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.
but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.
Instead of making donor based posts, have a FOIA kinda drive every now and then.
unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
talk about low life bureaucracy, welcome to IV.
Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks
First, the whole concept of donor based organisation is so stupid.
I mean really stupid.
If the donor based thing is ON, the future of IV is not good.
Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.
but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.
Instead of making donor based posts, have a FOIA kinda drive every now and then.
unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
talk about low life bureaucracy, welcome to IV.
Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks
more...
yestogc
06-11 08:56 PM
I am loving this post now ..................... mangoes ............. GC
hot funny cartoon characters
selvaela
07-16 09:34 AM
Hi,
Donated 10 dollar. Here are my details.( DCU allows me to release the payment only on 7/21. Sorry about that.
Confirmation No: 7YHSG-0JVVC
Donated 10 dollar. Here are my details.( DCU allows me to release the payment only on 7/21. Sorry about that.
Confirmation No: 7YHSG-0JVVC
more...
house cartoon characters faces
vdlrao
07-11 08:16 AM
I have expected EB2 India would move Fast but I didnt expect it would move like Super Fast. Really good for EB2. But the thing infront of us now is to work for EB3 INDIA and EB3 ROW.
tattoo funny cartoon characters
reddymjm
07-11 08:09 AM
little more than 2 yrs
My guess is that they moved the dates so that any one missed the train in jul 2007 will be able to file 485 and/or add spouses to the existing applications. Looks like it will remain there for some time atleast, may be till the year end.
NJOY Eb2 guys.
My guess is that they moved the dates so that any one missed the train in jul 2007 will be able to file 485 and/or add spouses to the existing applications. Looks like it will remain there for some time atleast, may be till the year end.
NJOY Eb2 guys.
more...
pictures cartoon characters
never_giveup
08-14 11:33 AM
I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
I agree. This should be in regards to EB3 Mexico. Mr. Gotcher also thinks the same, as stated in one of his posts.
Eb3 guys and gals ... don't be disheartened .... October bulletin might have some positive news atleast for the 01-02 filers.
I am 03 btw!!!!!
I agree. This should be in regards to EB3 Mexico. Mr. Gotcher also thinks the same, as stated in one of his posts.
Eb3 guys and gals ... don't be disheartened .... October bulletin might have some positive news atleast for the 01-02 filers.
I am 03 btw!!!!!
dresses hairstyles funny smoking weed
susie
07-08 11:12 PM
Hi
Expatsvoice has written is own draft legislation to amend the CSPA, as it is badly written, confusing to many including attorneys and Geoff Gorsky, head of VO and does not protect all children from aging out
This legislation has been passed from Dave Weldons office to his legislators in Washington, we are awaiting to hear the outcome
Also expats voice are being interviewed for a 6 week radio program on all problems relating to US immigration. will try and update here when I get any news
Expatsvoice has written is own draft legislation to amend the CSPA, as it is badly written, confusing to many including attorneys and Geoff Gorsky, head of VO and does not protect all children from aging out
This legislation has been passed from Dave Weldons office to his legislators in Washington, we are awaiting to hear the outcome
Also expats voice are being interviewed for a 6 week radio program on all problems relating to US immigration. will try and update here when I get any news
more...
makeup picture of cartoon character
skv
06-17 10:42 AM
Thank you for your e-mail to the National Processing Center concerning
your case filed under the PERM program.
Our office can only respond to inquiries from the employer's contact
person or attorney/agent listed on the submitted 9089 form.
Atlanta Help Desk (17)
Above is the message, I got it from them. I can't contact my attorney, because that's our company policy. While the HR told me that they will inform me when my PERM gets approved.
Hope after 5 long years , my GC ambition will be completed this time. All the best for rest of the folks!!!
your case filed under the PERM program.
Our office can only respond to inquiries from the employer's contact
person or attorney/agent listed on the submitted 9089 form.
Atlanta Help Desk (17)
Above is the message, I got it from them. I can't contact my attorney, because that's our company policy. While the HR told me that they will inform me when my PERM gets approved.
Hope after 5 long years , my GC ambition will be completed this time. All the best for rest of the folks!!!
girlfriend funny cartoon characters
franklin
07-20 06:19 PM
Correct me if I am wrong, ---but I thought that "This Ammendment" was attached to a defence bill. I dont think that it was the ammendment that was shot down, but the whole defence beill.
That is exactly what I thought as well. Which is why I'm confused by posters ranting about "people who voted against SKIL bill" and getting their knickers in a twist
That is exactly what I thought as well. Which is why I'm confused by posters ranting about "people who voted against SKIL bill" and getting their knickers in a twist
hairstyles smoking weed.lepricarn print
tikka
07-18 04:03 PM
I just upgraded my monthly contribution too!
thank you!
thank you!
chanduv23
09-12 01:58 PM
These are all good thoughts but what u are suggesting takes some time.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
I am not discouraging you for taking initiative - I am for it - let this be the first step towards doing something - but looks like we lack directive and path of execution.
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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