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Can L1 be in different state to L2 dependants?

Can L1 be in different state to L2 dependants?

Old Nov 1st 2017, 9:50 am
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Default Can L1 be in different state to L2 dependants?

Hi, I have a question. My husband needs to be based in New York for potentially upto a year (new office L1) then we hope to settle in florida (he can work remotely once the office is up and running). Rather than uproot my 12 and 13 yr old twice, we are considering the option of him commuting and myself and the kids settling in Florida. Im just wondering if this will raise any red flags as the prime purpose of L2 is obviously to accompany L1.
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Old Nov 1st 2017, 3:47 pm
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Default Re: Can L1 be in different state to L2 dependants?

I don't see any issue with this.

Be aware that, depending on exactly how you do this, your husband may end up having to file state tax returns in both New York and Florida - this isn't unusual, lots of people find themselves in situations where they have to file tax returns in more than one state - just something to be aware of.
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Old Nov 1st 2017, 9:35 pm
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Default Re: Can L1 be in different state to L2 dependants?

Originally Posted by md95065 View Post
I don't see any issue with this.

Be aware that, depending on exactly how you do this, your husband may end up having to file state tax returns in both New York and Florida - this isn't unusual, lots of people find themselves in situations where they have to file tax returns in more than one state - just something to be aware of.
thank you. definitely something to think about...
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Old Nov 1st 2017, 10:37 pm
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Default Re: Can L1 be in different state to L2 dependants?

I don’t think FL has income tax though.
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Old Nov 1st 2017, 11:40 pm
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Default Re: Can L1 be in different state to L2 dependants?

You are right, it doesn't ...
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Old Nov 2nd 2017, 2:27 pm
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Default Re: Can L1 be in different state to L2 dependants?

It should be fine. You can get the L2 visas and still stay in the UK if you wish.
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Old Nov 2nd 2017, 3:58 pm
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Default Re: Can L1 be in different state to L2 dependants?

Originally Posted by fbf2006 View Post
It should be fine. You can get the L2 visas and still stay in the UK if you wish.
ermmm no thanks
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Old Nov 7th 2017, 11:46 pm
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Default Re: Can L1 be in different state to L2 dependants?

It's not an immigration problem but it could become one when he tries to become an LPR as a requirement for the labour certification is that you work from the same office in the same job for at least 2 years and the commute can't be more than 30 miles or something along those lines.

More of a tax issue, although not a huge one, if you don't plan on working then it's not a problem at all really, he just puts you on the NY return. If you start working in Florida it's going to be a lot simpler to file separately.
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Old Nov 8th 2017, 6:33 am
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Default Re: Can L1 be in different state to L2 dependants?

Originally Posted by Steve_ View Post
It's not an immigration problem but it could become one when he tries to become an LPR as a requirement for the labour certification is that you work from the same office in the same job for at least 2 years and the commute can't be more than 30 miles or something along those lines.
this applies to L1a new office exec?? I thought he could apply for GC as soon as he has
1 year extension ?

Last edited by karenkaren1; Nov 8th 2017 at 6:40 am.
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Old Mar 26th 2018, 1:45 pm
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Default Re: Can L1 be in different state to L2 dependants?

Originally Posted by Steve_ View Post
It's not an immigration problem but it could become one when he tries to become an LPR as a requirement for the labour certification is that you work from the same office in the same job for at least 2 years and the commute can't be more than 30 miles or something along those lines.
Are you sure about that? I thought that the green card process could begin even before the applicant has entered the US on their visa.
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Old Mar 26th 2018, 1:51 pm
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Default Re: Can L1 be in different state to L2 dependants?

Originally Posted by Steve_ View Post
It's not an immigration problem but it could become one when he tries to become an LPR as a requirement for the labour certification is that you work from the same office in the same job for at least 2 years and the commute can't be more than 30 miles or something along those lines.

More of a tax issue, although not a huge one, if you don't plan on working then it's not a problem at all really, he just puts you on the NY return. If you start working in Florida it's going to be a lot simpler to file separately.

Why? There is no state tax in Florida. Simply a matter of a joint federal return filed jointly and a NY state tax return for him filed separately. I've been doing that for years before I moved down south to join my husband and I was still working in NYS.
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Old Mar 26th 2018, 1:58 pm
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Default Re: Can L1 be in different state to L2 dependants?

he will be local to his office. its me (L2) who will be in a different state.
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Old Mar 26th 2018, 9:55 pm
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Default Re: Can L1 be in different state to L2 dependants?

Originally Posted by karenkaren1 View Post
this applies to L1a new office exec?? I thought he could apply for GC as soon as he has
1 year extension ?
Originally Posted by jammiie View Post
Are you sure about that? I thought that the green card process could begin even before the applicant has entered the US on their visa.
He can't apply for EB-1C (the green card "equivalent" (nearly) of L-1A, only his company can. However jammiie is correct in that there is no requirement of a previous visa nor a time constraint, it can be applied for even when you're in the UK.

I don't think there are geographical limits (in terms of commute to office) either on this classification. Certainly, nothing was mentioned to me when I got petitioned for EB-1C.
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Old Mar 26th 2018, 10:04 pm
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Default Re: Can L1 be in different state to L2 dependants?

Originally Posted by hmvsdog View Post
He can't apply for EB-1C (the green card "equivalent" (nearly) of L-1A, only his company can. However jammiie is correct in that there is no requirement of a previous visa nor a time constraint, it can be applied for even when you're in the UK.

I don't think there are geographical limits (in terms of commute to office) either on this classification. Certainly, nothing was mentioned to me when I got petitioned for EB-1C.

great thankyou. he intends to apply for EB-1C as soon as he (hopefully) gets L1a new office extension. Im hoping this to be a 2.5-3yr process. My eldest child is 14 so clock is ticking
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Old Mar 26th 2018, 10:05 pm
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Default Re: Can L1 be in different state to L2 dependants?

Originally Posted by karenkaren1 View Post
My eldest child is 14 so clock is ticking
So you have 7 years, which should be plenty of time. He says...
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