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bvahan

6 Posts
Joined: 20 Jan 2007
Status: offline

Posted - 21 Jan 2007 :  09:30:23 Show Profile Send bvahan a Direct Message  Reply with Quote
Have H1B during 6 years, expires in mid Feb 2007.
Want to apply for E2.

Here is my plan and I would appreciate any remarks and/or advices.

Jan 10 – registered a new corporation, openned account
Jan 15 – applied for 2 loans from 2 different banks (home equity, credit score 750)
Jan 20 - signed a purchase agreement for buying a business, gave a $10K check for escrow company (to be cashed upon removing contingencies, including INS)
Jan 22 – to get OK from a Seller

Business description

Nationwide known franchise store in the shopping center (lease $4.7K / mo)

Gross sales / income / Owners earnings per years, $
2003 – 228K / 108K / -8K
2004 – 289K / 132K / 12K
2005 – 325K / 162K / 36K
2006 (estimate) – 365K / 182K / 51K

Besides owner there is 1 full time worker 28K / yr

My investment, $
Loan – 90K
Personal cash – 25K
Assets – 15K
Total – 130K

Purchase price – 105K
Working capital 10K

New business plan – 2007-8-9 years
Gross – 400-420K
To hire/keep 2 full time employees
Owners earnings – 60K

Jan 23 – to OK Sellers Books&Records
Jan 26 – to get OK on Loan
Jan 26 to get OK from Landlord

Jan 27-28 – to send papers to INS, to pay for Premium processing (15 days)
(application to file 2 weeks before expiration of current visa)

Feb 1 – to get a Loan
To send a notification to INS
Feb 2 – to send a check with the rest money to escrow company (to be cashed after OK from INS)
To deposit remaining working capital – on business account
To send a notification to INS

Feb 7 – to get first OK from franchise company (second OK will be after training within 20 days)
To send a notification to INS

Feb 13 – to get OK from INS
Feb 13 – escrow company to cash a check, openning escrow

Feb 25-Mar10 - to pass a training at Franchise company and to get second OK from them
To drop all contingencies, escrow company to cash all money, to close escrow

Mar 13 – to take over in full a business, to report to INS

Thanks in advance for comments.

Edited by - bvahan on 21 Jan 2007 09:33:35
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florida4sun

United Kingdom
6790 Posts
Joined: 16 Feb 2002
Status: online

Posted - 21 Jan 2007 :  09:55:36 Show Profile Send florida4sun a Direct Message  Reply with Quote
1 -They do not like to see you borrowing money to finance the business, not impossible but frowned upon.
2 - your owners draw is nowhere near enough to satisfly the criteria that an E2 application business must be able to support you. You really need to be showing aound $70,000 in the first year, if you have family you will need more.
3 - Sorry but I cannot get my head around why someone would invest in a business that will only pay you $50,000 pa after 5 years. 50,000 will not get you much of a life in Florida. If you have family you will be applying for food stamps!
4 - Have you looked into healthcare?

Surely your attorney has been through all this, if not get rid and find a good one. If your not using an attorney be prepared for a long haul trying to get the visa.


quote:
Originally posted by bvahan
Have H1B during 6 years, expires in mid Feb 2007.
Want to apply for E2.

Here is my plan and I would appreciate any remarks and/or advices.

Jan 10 – registered a new corporation, openned account
Jan 15 – applied for 2 loans from 2 different banks (home equity, credit score 750)
Jan 20 - signed a purchase agreement for buying a business, gave a $10K check for escrow company (to be cashed upon removing contingencies, including INS)
Jan 22 – to get OK from a Seller

Business description

Nationwide known franchise store in the shopping center (lease $4.7K / mo)

Gross sales / income / Owners earnings per years, $
2003 – 228K / 108K / -8K
2004 – 289K / 132K / 12K
2005 – 325K / 162K / 36K
2006 (estimate) – 365K / 182K / 51K

Besides owner there is 1 full time worker 28K / yr

My investment, $
Loan – 90K
Personal cash – 25K
Assets – 15K
Total – 130K

Purchase price – 105K
Working capital 10K

New business plan – 2007-8-9 years
Gross – 400-420K
To hire/keep 2 full time employees
Owners earnings – 60K

Jan 23 – to OK Sellers Books&Records
Jan 26 – to get OK on Loan
Jan 26 to get OK from Landlord

Jan 27-28 – to send papers to INS, to pay for Premium processing (15 days)
(application to file 2 weeks before expiration of current visa)

Feb 1 – to get a Loan
To send a notification to INS
Feb 2 – to send a check with the rest money to escrow company (to be cashed after OK from INS)
To deposit remaining working capital – on business account
To send a notification to INS

Feb 7 – to get first OK from franchise company (second OK will be after training within 20 days)
To send a notification to INS

Feb 13 – to get OK from INS
Feb 13 – escrow company to cash a check, openning escrow

Feb 25-Mar10 - to pass a training at Franchise company and to get second OK from them
To drop all contingencies, escrow company to cash all money, to close escrow

Mar 13 – to take over in full a business, to report to INS

Thanks in advance for comments.



Martin
Resident Ticket Guru
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Edited by - florida4sun on 21 Jan 2007 09:58:24
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bvahan

6 Posts
Joined: 20 Jan 2007
Status: offline

Posted - 21 Jan 2007 :  17:18:26 Show Profile Send bvahan a Direct Message  Reply with Quote
quote:
Originally posted by florida4sun
1 -They do not like to see you borrowing money to finance the business, not impossible but frowned upon.


Form 526
At the time of application I will show full amount on Business account in the bank, and some (10K) amount in escrow.
I've read that there is NO restrictions where money comes from - however it should be personal responsibility, not a loan for business (business is not a borrower). A source of my money is MY personal HOME equity loan.

Can you please point an official source that states what you said? Thanks.

quote:
Originally posted by florida4sun

2 - your owners draw is nowhere near enough to satisfly the criteria that an E2 application business must be able to support you. You really need to be showing aound $70,000 in the first year, if you have family you will need more.

Where it says about 70K?

quote:
Originally posted by florida4sun

3 - Sorry but I cannot get my head around why someone would invest in a business that will only pay you $50,000 pa after 5 years. 50,000 will not get you much of a life in Florida. If you have family you will be applying for food stamps!

I did not make a projection of 50K after 5 years
I wrote FACTUAL numbers for years 2003-2006 for previous owner, ending with 50K.
My own projection is 60K for 2007.
I know its very tough to live in Diamond state of Florida. My state is California, just a golden one ;)

quote:
Originally posted by florida4sun

4 - Have you looked into healthcare?

First years I will have the most economy health plan, will not visit casinos, night pubs, etc. ;)

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florida4sun

United Kingdom
6790 Posts
Joined: 16 Feb 2002
Status: online

Posted - 21 Jan 2007 :  17:39:46 Show Profile Send florida4sun a Direct Message  Reply with Quote
My advice is based towards UK folks, if you are from another country you should have no probs as they are not so tough on applications. All the advice I gave below is based on my own application which was firstly rejected because I showed an owners draw of $58000 and they deemed that as not enough to support us.




quote:
Originally posted by bvahan
quote:
Originally posted by florida4sun
1 -They do not like to see you borrowing money to finance the business, not impossible but frowned upon.


Form 526
At the time of application I will show full amount on Business account in the bank, and some (10K) amount in escrow.
I've read that there is NO restrictions where money comes from - however it should be personal responsibility, not a loan for business (business is not a borrower). A source of my money is MY personal HOME equity loan.

Can you please point an official source that states what you said? Thanks.

quote:
Originally posted by florida4sun

2 - your owners draw is nowhere near enough to satisfly the criteria that an E2 application business must be able to support you. You really need to be showing aound $70,000 in the first year, if you have family you will need more.

Where it says about 70K?

quote:
Originally posted by florida4sun

3 - Sorry but I cannot get my head around why someone would invest in a business that will only pay you $50,000 pa after 5 years. 50,000 will not get you much of a life in Florida. If you have family you will be applying for food stamps!

I did not make a projection of 50K after 5 years
I wrote FACTUAL numbers for years 2003-2006 for previous owner, ending with 50K.
My own projection is 60K for 2007.
I know its very tough to live in Diamond state of Florida. My state is California, just a golden one ;)

quote:
Originally posted by florida4sun

4 - Have you looked into healthcare?

First years I will have the most economy health plan, will not visit casinos, night pubs, etc. ;)




Martin
Resident Ticket Guru
www.park-tickets.com
http://www.uscarhire.co.uk/sat-nav.aspx
www.orlandovillas.com
www.villasflorida.com
www.onlinefloridavillas.com
www.flightsflorida.com
www.floridahire.com

Edited by - florida4sun on 21 Jan 2007 17:43:43
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blott

United Kingdom
21730 Posts
Joined: 22 Feb 2002
Status: offline

Posted - 21 Jan 2007 :  18:16:40 Show Profile Reply with Quote
Does the whole amount for the purchase of the business have to be in escrow before putting in your visa application?

I may well have got this wrong but your payments (premises lease, employee salary and owners' benefit) come to $135,400 pa out of your projected 2007 gross profit of $182,000, which leaves you only $48,600 for overheads/everything else like advertising, stock, electricity, phones, stationery, accountancy fees, etc and your loan payments on the $90,000. You may well get this turnover on an erratic basis, depending on sales and not as a steady figure month on month.

Just looking at the criteria and

Your investment may not be marginal. The investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S.


Blott
www.orlandovillas.com/villas/150.aspx
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steph_goodrum

United Kingdom
6838 Posts
Joined: 12 Feb 2002
Status: offline

Posted - 21 Jan 2007 :  19:37:52 Show Profile Send steph_goodrum a Direct Message  Reply with Quote
"My advice is based towards UK folks, if you are from another country you should have no probs as they are not so tough on applications. All the advice I gave below is based on my own application which was firstly rejected because I showed an owners draw of $58000 and they deemed that as not enough to support us.

I thought so too Martin as the first statement said that they have had an H1B for 6 years which I thought was an employer sponsored Visa, if you have been with that employer for that time would they not sponsor you for a Green card with the right to live/work permanently in the US which the E2 will not give you?

I know recently as well (last year I think) there was a case of around 15 couples who had all applied for a franchise business (the same chain) who were called to Embassy at the same time and given a block refusal as there wasn't sufficient money in it to sustain the cost of living.

"Jan 27-28 – to send papers to INS, to pay for Premium processing (15 days)
(application to file 2 weeks before expiration of current visa)
"

It may depend on your Nationality where you have to file papers but that is a very optimistic timeframe, in London it is very diffficult to get an appointment any time soon even though they were trying to speed the process up to around 8 weeks, don't know if that has been acheived yet.

Babblin Boo
http://www.orlandovillas.com/villas/92.aspx
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bvahan

6 Posts
Joined: 20 Jan 2007
Status: offline

Posted - 22 Jan 2007 :  07:50:51 Show Profile Send bvahan a Direct Message  Reply with Quote
quote:
Originally posted by steph_goodrum

My advice is based towards UK folks, if you are from another country you should have no probs as they are not so tough on applications. All the advice I gave below is based on my own application which was firstly rejected because I showed an owners draw of $58000 and they deemed that as not enough to support us.

I am from Armenia (a small country of big chess champions ), but am 6 years in California on H1B. My credit score is 750 that is not very bad. I do own a home in US, have normal records, in other words am known and screenable for US agencies. Last may have more doubts about unknown “pure foreigners” and their credit score. This may be a reason when INTERNAL US immigration agency may have other criteria to de facto residents in US, than EXTERNAL consulars in third countries.

quote:
Originally posted by Blott

Does the whole amount for the purchase of the business have to be in escrow before putting in your visa application?

As I wrote above, I do plan to send an initial package of papers to INS on Jan 28. And in few days (Feb 2) to get and deposit the rest money on escrow account (approx 105K) and immidietely send a notification to INS/BCIS (immigration agency). 10K will be on my business account as a working capital.

quote:
Originally posted by Blott

I may well have got this wrong but your payments (premises lease, employee salary and owners' benefit) come to $135,400 pa out of your projected 2007 gross profit of $182,000, which leaves you only $48,600 for overheads/everything else like advertising, stock, electricity, phones, stationery, accountancy fees, etc and your loan payments on the $90,000. You may well get this turnover on an erratic basis, depending on sales and not as a steady figure month on month.

2006 (estimate) – (LAST year)
gross sales 365K
gross income 182K - includes 1 FT employee 25K
owner’s discretionary earnings 51K

in 2007 projected – (current year)
gross sales 420K
gross income 210K - includes 2nd PT employee for 14K
owner’s discretionary earnings 60K

a nature of business is Postal/Mail Center
I am a professional in printing and plan to add this service to the business
Currently printing makes 4K / yr in the business I am aiming to buy
Additional minimal value of 25K / yr (more than 50% profit) in sales has not been included in the estimates for 2007
I do have signed contracts/letters from few local companies for 15+K printing orders for 2007


quote:
Originally posted by Blott

Just looking at the criteria and

Your investment may not be marginal. The investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S.

The business has been grown 15+% each year or approx 45K/yr
With 50% profit it makes 22K/yr
By adding Printing, Mass mailing, Graphic & Web design, Cartridge refill and other services in the business I plan to increase a %-tage of growth and add each year 1-2 more FT employees (i.e. sales reps, designers)
Is such investment and business strategy marginal?

There is a NEW web site on http://www.e2businessesforsale.com/faq.php

its criterias are:
1) The business is for sale for at least $75,000.
2) The Owner Benefits is GREATER than $30,000.
3) There are at least two current fulltime employees OR Enough current part time employees working a total of 80 hours or more.

quote:
Originally posted by steph_goodrum

if you have been with that employer for that time would they not sponsor you for a Green card with the right to live/work permanently in the US which the E2 will not give you?

Not all employers are nice and fair, some of them turn H1B visa into a slavery. Its better for me to get a costly FREEDOM of enterprenership with E-2 visa than to humiliate myself for GC.

quote:
Originally posted by steph_goodrum

It may depend on your Nationality where you have to file papers but that is a very optimistic timeframe, in London it is very diffficult to get an appointment

I do live in US and will apply to local INTERNAL US immigration agency (in CA) before expiration of current visa.
Premium processing takes 15 days
I can’t close escrow without OK from INS. And noone Seller will wait too long waiting for INS decision. All contingencies in Purchase agreement have to have some due dates.
Anyway if INS will take too long for their decision, I will replace first purchasing business with another similar on the market.

I know its tough, a way to the freedom ...

did I cover all the remarks?


Edited by - bvahan on 22 Jan 2007 17:10:51
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steph_goodrum

United Kingdom
6838 Posts
Joined: 12 Feb 2002
Status: offline

Posted - 22 Jan 2007 :  16:26:04 Show Profile Send steph_goodrum a Direct Message  Reply with Quote
As you are from Armenia and apparently qualify, have you ever entered the Green card lottery? You never know it just might come up and at least allow you permanent residence without so much risk of you own investment and worrying about renewal every couple of years.

Babblin Boo
http://www.orlandovillas.com/villas/92.aspx
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bvahan

6 Posts
Joined: 20 Jan 2007
Status: offline

Posted - 22 Jan 2007 :  17:16:34 Show Profile Send bvahan a Direct Message  Reply with Quote
quote:
Originally posted by steph_goodrum
As you are from Armenia and apparently qualify, have you ever entered the Green card lottery? You never know it just might come up and at least allow you permanent residence without so much risk of you own investment and worrying about renewal every couple of years.


Yes, I am Armenian, but unfortunately, one of the most unluckiest in lottery
I do apply every year and always fail
I think they don't like my mustache on a pic
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steph_goodrum

United Kingdom
6838 Posts
Joined: 12 Feb 2002
Status: offline

Posted - 22 Jan 2007 :  21:25:18 Show Profile Send steph_goodrum a Direct Message  Reply with Quote
" think they don't like my mustache on a pic"

You'll have to try without and see if it makes a difference:) Apparently 836 Armenians were successful last time round so you never know. At least you have a chance , those of us born in the UK aren't even eligble to enter, mind you if they keep refusing the E2 Visas on the scale they seem to be for the Brits then we might become eligible again if we don't send more than 50,000 over 5 years by other routes.

Good luck with whatever you do though, I realise your timescales are tight and presumably once your Visa expires you don't have many other options to stay do you?

Babblin Boo
http://www.orlandovillas.com/villas/92.aspx
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