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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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In regards ***** ***** to the Consulate in December 2015. I

Customer Question

In regards ***** ***** to the Consulate in December 2015.
I did a change of status with uscis a few months ago and at this point, I am turning over my facility i have rented. Even though I have already signed the lease and taken possession, I have not actually started taking sales. Since summers are usually slower for fitness studios (we run a fitness studio), we were going to have our official grand opening in September when we have our full schedule of classes running.
My question is, should we choose to only start taking sales in September to ensure our revenue/profit looks Really good vs. if we start taking some sales during the summer while we are still setting up our class schedule for September (there has been people who want to rent it but I know there won’t be a lot of revenue coming from rentals during the summer) so question is set up our acctg books to start taking sales in July or in September?
This is all tied to us going back to our home country and we have to apply to the Consulate to get the visa and I heard they are more strict than uscis. How much will they care on the amount of sales we have been doing in the opening months and since the summers are always slow, would it be better to choose to only start taking sales in September when we know the foot traffic will be a lot better than starting the books in July? So for the Consulate officer they will see Scenario 1 vs Scenario 2. Which is better? What do they care about in regards ***** ***** vs profit vs costs? Also, we already will have one part time employee.
Scenario 1: July: facility still renovating, not open yet/ Aug: facility not open yet/ Sept $2000 rev/ Oct $2500 rev/ Nov $3000 rev/ Dec $3000 rev
Scenario 2: July $100 rev/ Aug $100rev/ Sept $2000 rev/ Oct $2500 rev/ Nov $3000 rev/ Dec $3000 rev
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
What is your status now? What visa are you seeking in December?
Customer: replied 1 year ago.
E2 , in December I will just be leaving for vacation and since USCIS was who granted me the E2, I have to apply for the actual visa at the Consulate. That's why I am wanting to know who much revenue we need to be showing or if Scenario 1 or 2 is better when I go to the Consulate to get the visa (since I'm just E2 status right now)
Expert:  Expert James replied 1 year ago.
Kindly remember to rate my customer service before leaving the US. This is the only way I get credit fro doing my job. And I am sure you would agree you want credit for doing your job as well. So please do not forget to give a rating of 3 or more stars for a positive rating so I get credit.
As to your question, there is no specific amount of revenue that you must be showing. You just have to show that there is a continued substantial investment in a business enterprise. Obviously, to show a business enterprise, it's better to show more income than less.
I think it is best to show more income over time, rather than stronger months than others.
What is more important is fulfilling the obligations of your status while in the US. Otherwise, you can be found in violation of your status, which could be a problem. If you set up for September, you would not be able to explain why you deserve E2 status until that time. So I'm not sure that is a good strategy. I think you should be working and fulfilling the obligations of the E2 status the entire time you are in E2 status in the US.
I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.
I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.
REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.
Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.
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Customer: replied 1 year ago.
Ok I see. So you are saying the Consulate is not very understanding towards the time it takes for a business to get ready to open its doors or for the build out of the location? For our preparation we are still getting our classes/teachers all set up, thats why we are doing it during the summer because it's slower.
Expert:  Expert James replied 1 year ago.
No you can develop and start the business while on E2. But you need to be able to show the visa officer that you have been and are currently doing that. So be prepared for that.
One thing is for sure, if the description of setting up and directing the enterprise did not mention renting out the space to a third party, then you should not do that. It could be construed as earning income through unauthorized employment.
I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.
REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.
Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.
A BONUS is appreciated, if you feel I've earned it.
If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.
Thank you!

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