Definition of permanent position

[Sanghamitra]

Could someone point out the definition of a permanent position as far as I-140 is concerned. Is there a fixed time frame specified by the BCIS to define a permanent position if so where could a lay person find the definition. Does the question reagrding permanent position on I-140 have implications for all categories or just the EB1 ORs. I scoured through the BCIS website without any luck. Perhaps one of the esteemed lawyers on the answer. My concern is with a position that is of 3 years duration with EB2 classification and labor certification required. I would appreciate a source for the definition as well.

 

[yasvish]

Sanghamitra
I dont have a formal defination to point you to..but as per my understanding, a 3 year position will not qualify as "permanent"
ie , in the letter your company submits for I-140 ..they cannot say that its for 3 years only.
whatever might happen later on - ie lay-off etc etc , at the time of applying for GC , the position has to be considered permanent .

 

[yasvish]

also..

Also , this isnt only for EB1 , its for all GC categories.
Considering that the future is uncertain , thats why the law of AC21 was introduced so that after the I-140 is approved and 6 months after 485 is applied , you can officially switch jobs if need be.
But like I said earlier , at the time of application , the position has to be considered permanent...there is no time factor there...permanent meaning forever ..till retirement etc.