Started corp in EAD given "S" corp status is it possible.....

[saan]

I have my EAD and started a company. I got my EIN and in that letter it says my corporation is 'S' corp. How could this be possible. I am not perm residence or Citizen, no GC either waiting for it. WHat corp should I change it to? Plz Advice. I have done the annual registration with my name as CEO,CFO etc. Can I be the CEO, CFO. can I work for my company without gettin paid.
Plz Advice.

[saan]

Thanks **** I did not mention my company to be s-corp. They stated in the letter that my company is clssified as S-CORP and that I have to file tax form I1120.

[immigrhelp]

Doesn't IRS use different criteria for resident alient and non-resident alien? I have this from a university guideline document that is used by the university for tax purposes:

DEFINITION OF RESIDENT ALIEN AND NONRESIDENT ALIEN

For Federal income tax purposes, non-U.S. citizens are
classified by the IRS as either resident or nonresident
aliens. Since the tax withholding requirements are
different for resident and nonresident aliens, it is
essential to establish the residency status of any non-U.S.
citizen who will be receiving payments from the University.
There are two tests used to determine whether a non-U.S.
citizen should be classified for tax purposes as an U.S.
resident or as a nonresident alien: the "green card" test
and the substantial presence test. An alien who does not
qualify under either test is defined for income tax purposes
as a nonresident alien.

A. GREEN CARD TEST
An alien is considered to be a U.S. resident for income
tax purposes if the individual is a lawful permanent
resident of the United States, i.e., a lawful U.S.
immigrant--with a Permanent Resident Card ("green
card")--at any time during the calendar year.

B. SUBSTANTIAL PRESENCE TEST

General Rules

An alien will be considered a U.S. resident for tax
purposes if he or she meets the substantial presence
test under the conditions listed below. The test must
be applied each year on a prospective basis, always
taking into account the current year and the two
preceding years.

An alien will meet the substantial presence test with
respect to any current calendar year if:

1) He or she was present in the United States for at
least 31 days during the current calendar year;

and

2) The sum of the number of days he or she was
present in the United States during the current
year and the two preceding calendar years equals
or exceeds 183 days as computed using the
following formula:

A. Current year days in U.S. x 1 =____days
B. 1st preceding year days in U.S.x 1/3 =____days
C. 2nd preceding year days in U.S.x 1/6 =____days
D. Total Days in U.S. =____days


If line D equals or exceeds 183 days, the individual
has passed the substantial presence test for the
current calendar year. The test must be applied
again in the following year.

Anyway, I am considering incorporation and wondering what choices for election are. Can anyone confirm or deny if the above substantial presence test can/should be used to determine the eligibility for S-Corporation? I guess the catch is in "for tax purposes" in above excerpt.