Help needed re Lease..

[JanetTom]

I am hoping somebody will know the answer to my dilema..

I have a large retail store with over 10,000 sq ft. It has been in its current location for 12 years. Lease expires 1st May 2008. Landlord wants the building back to "change it`s use". He has increased the rent from 2008 to a figure I would not be willing to pay, and is looking to either sell or re build and make the large store in to several smaller units.

I would have difficulty finding a unit large enough to accomodate my business in my current area, and for the right price.
1. If I move or down size how will this effect my E2 status?
2. If I can`t find premises and have to close down for a period of time
whilst I find new premises, does this make me "illegal"

The cost alone of relocating, and storiing stock in the mean time is stupid, plus I don`t want to move away from my loyal customer base, or move my home and kids to another part of Fl or another state for that matter. I won`t be able to sell the business as it won`t exsist here after May 2008.

Any advice will be gratefully appreciated,


Janet

[peter gold]

Janet
My first recommendation is to see a local landlord and tenant expert attorney, and see if there is a way you can force the landlord to renew the lease or compensate you for a move.
1. If I move or down size how will this effect my E2 status?
2. If I can`t find premises and have to close down for a period of time
whilst I find new premises, does this make me "illegal"
If you do anything which is a change to the filed business plan then yes it could affect your renewal. However the lease was due to be renewed in March 08 and that was known by all when the visa was granted. Any change in location of premises will affect the continuity and cash flow of the business, and would need to be argued at the renewal stage of your visa.
As long as the corporation still exists, and it is merely temporarily not trading there will be no problem with your current E2 visa status. Do not close and accounts especially bank accounts.
When you found these premises you shoudl have taken advice as to what rights you had to renew the lease in March 2008. If you had representation then you should be talking to them now and asking questions.

[JanetTom]

Many thanks for the advice. the attorney we used to review the contract no longer has a private practise. There is an option to re new in the contract , but that either party can break this clause 6 months before the expiry date.

Landlord will allow me to use the semi trucks and wharehouse for storage until I can find suitable premises. I can only find much smaller premises nearby, so thought of doing a "retirement" sale from my exsisting premises and re opening down the road.

The other issues I have are to do with the staff. I won`t need 4 staff to operate a 2000 sq ft unit. If I`m honest with the immigration at the time of renewal I`m hoing they will see how hard I have tried to maintain my business, and grant a renewal. I also hope that the reducton in premises will not mean a reduction in my sales. If I can get my landlord to work with me either on relocation costs, or rent reduction until I move I would be happy.To be honest I wouldn`t want to stay as his tenant in the future as life would be very uncertain, and we live with that throughpout the renweal process and the years leading up to it. I once again put other things on "hold" just incse it doesn`t work out... like changing my car, having the pool put in, having the carpets changed, re painting the house. Part of me thinks ...why bother I might not be hear in 2 years.... sorry to sound cynical...

In UK if this happened I would have dug my heels in and taken every step to fight my corner. Here ,I feel that I can`t cause too many ripples as I have the USCIS to consider, and my landlord knows this too...I am not only protecting my business, but I have my family to consider too.... ooohhh for an easy life....
An easy weekend would do me wonders... anybody fancy a party???

[peter gold]

Janet
You seem to have a good grip on it all.
many times during the lifetime of an E2 business visa circumstances change but as long as when renewal time comes arund they see a viable business, expanding or holding ground, employing US legal workers, and or benefitting the local community; giving you andyour family a living wage you should get a renewal.
Keep all correspondence, invoices etc as you will need them at the renewal to explain change of location etc
Party yes please

[McSporran]

Good points well made Peter (as ever).

Janet - you seem to have the bases covered.

[joe]

would it be worthwhile taking on a smaller unit from him (assuming he sub-divides) and then open a second unit nearby, splitting the operation (and staff) in 2, with hopefully not too much extra costs but twice the passing trade?

hopefully wouldn't be too much extra management and you could focus one outlet for say bedrooms and one for living rooms making them more specialized but still with the ability to refer business to the other outlet? you would also retain exisiting customers that way.

it would go down well with embassy as well because it looks like expansion (opening a 2nd store) even though you may end up with the same square footage.

Joe

[peter gold]

Good one Joe

[Susie]

Excellent thread by all, thanks

It does seem that you have to be careful with leases in the USA as to reading all the small print. I do know that a local store to me just decided not to renew the lease, sent the owner of the business packing and then promtly set up the same sort of biz as the out going owner.

It was clear why he did this, cos the biz was a huge sucess and wanted the profits for himself. Do not know how he got away with this but he did

[JanetTom]

Joe, thanks for the input. I had thouht of this , but have enough hassle with managing one location with staff etc. My suppliers would would only deliver to the "registered " address and then I would have to transfer goods across, plus customers, in my opinion want all their choices available at one location.(Which is why the likes of Ashley and RTG get such good business, a one stop shop) I have found smaller premises, and can reduce my stock down to "best sellers", and still emloy 2 staff plus me. Once that is managable I can expand into an accessories store nearby, but my " bread & butter" merchandise is what I have to stick with for the time being, especially now that we are in a recession/depression.

Do you think I must tell USCIS my change of location when it happens, or only at the time of renewal, which is June 2009?

Many thanks for all your useful input. (think I might try and buy my next location!!)

Janet

[Munish]

I think all non-citizens must submit a change of a address on AR-11 as soon it happens, but I could be wrong. I'm sure someone here will know.

[chris]

We changed locations twice and I can't ever recall telling USCIS. But then I'm not one for dotting all the i's and crossing all the tees! Of course they know where we are now.

[Susie]

We changed locations twice and I can't ever recall telling USCIS. But then I'm not one for dotting all the i's and crossing all the tees! Of course they know where we are now.

When then, you could find yourself in big trouble, it is a requirement of law to do so by filing an AR11

[Callie]

We have moved premises twice also and when we went to renewal interview in March this year one of the requirements was to produce the current lease. Did so & Glen just skimmed thru lease and he said he was making sure that we had premises and not working from home I also took that months invoice. When taxes are filed in January the cpa does the changes (well he did last year).

[peter gold]

The requirement for address changes only applies to LPRs

[bobinalbuquerque]

If this building suits your needs perfectly then have you considered purchasing it ?

[Bayfield]

It does seem that you have to be careful with leases in the USA as to reading all the small print. I do know that a local store to me just decided not to renew the lease, sent the owner of the business packing and then promtly set up the same sort of biz as the out going owner.


The same thing could happen in the UK, as far as I am aware the basic principals are the same, the lease terminates, if the parties can not agree terms for a new one, that's it.

[chris]

Quote by Susie:
When then, you could find yourself in big trouble, it is a requirement of law to do so by filing an AR11
End Quote
Can we ensure that we are being accurate before making statements like please?
The original question was about a change of BUSINESS address. We have moved BUSINESS address twice.
The AR11 is about the RESIDENTIAL address of where the GC holder or NON-Immigrant person resides. it has NOTHING to do with BUSINESS address.
It's so the men in Black suits know where to come at 3.00am in the morning!
If someone needs to clarify their legal position viz the AR11 accurately can I suggest by all means take this site information at face value, but check it out with the horses mouth for the real deal.

[chris]

Here you go:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

[Bayfield]

For what its worth just done an AR11, you can do it online.

Not sure what the value is, left and right hand have no idea what they are doing. I am also going to write to my local office....

[JanetTom]

I have just spoken to USCIS on the 1-800 number... There is no requirement to inform them of a change in business address if on an E2 visa. It is only for residential, and this is for Homeland Security data bases not visa purposes.

Will just need documents, lease, occupational licence, business ins.,etc at time of renewal.

Hope that helps others out.

Janet