can I form s-corporation?

[tsc_ka_mara]

Can I form s-corporation while my 485 is pending?
Thanks in advance.

 

[fjaffery]

As far as I know, you have to be a Resident Alien (Green Card holder) or Citizen to form an S-Corporation. There is no such restriction on C-Corporations and u can always change C to an S at a later point.

Consult your CPA for the final word.

 

[jaxen]

Huh?
Even a H1B can start a S corp.

 

[chaman]

It is my understanding that you have to be a US citizen to be able to file for a sub-chapter S Corp. There was a thread not long ago about this issue. Apparently is the only type of legal structures for business that has such restriction. Check with your lawyer.

 

[tsc_ka_mara]

Thank you very much for your reply.

 

[fjaffery]

ALL shareholders of an S-corporation must be U.S. Citizens or have U.S. Residency Status