Is postdoc reserach associate a permanent position?

Call me Shrek said:
No.
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I will not say big NO
It varies with universities.
University handbook will have describtion of all positions like
postdoctural fellow/PD reasearch associate/Research Associate
Also they will define criteria for being permanent. I was surprised when one university gave my friend a letter of permanent job (inspite of being PDRA) just because he was 40 hr employee with benefits. Some universities don't even give retiremnet benefits to PDRA....so moral is ask your Human resource. Generally INS is aware..... that its not!!!
 
eb1doc said:
I will not say big NO
It varies with universities.
University handbook will have describtion of all positions like
postdoctural fellow/PD reasearch associate/Research Associate
Also they will define criteria for being permanent. I was surprised when one university gave my friend a letter of permanent job (inspite of being PDRA) just because he was 40 hr employee with benefits. Some universities don't even give retiremnet benefits to PDRA....so moral is ask your Human resource. Generally INS is aware..... that its not!!!
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I would agree that it really depends on an internal policy of each particular university. I know that, for EB1-OR petition purposes, some universities may file a Res. Assoc. position as a permanent provided that it's covered by grant funding for at least 2-3 years. You need to talk to your University international advisor or a HR person in charge.
 
What if I apply EB1a or NIW?

Should I choose "Yes" or "No" for the question (IS this permanent position?)? Is it likely to degrade my case if I choose "No"? Many thanks.
 
Usually, not, but ask your employer first. I spent my postdoc at MIT and it treated me as a temp for four years of toil. A friend of mine did his at UCSF, and they actually sponsored his OR.

If they treat you as a perm employee, your employer should provide you with an employement letter signed by an authorized HR personnel, not your boss in the lab.

JollyFella
 
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thank you so much!

jollyfella said:
Usually, not, but ask your employer first. I spent my postdoc at MIT and it treated me as a temp for four years of toil. A friend of mine did his at UCSF, and they actually sponsored his OR.

If they treat you as a perm employee, your employer should provide you with an employement letter signed by an authorized HR personnel, not your boss in the lab.

JollyFella
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I would still maintain that the answer is "no", because "post-doc" is by definition time limited. Actually, I almost convinced my previous boss to change my job description from postdoc to research associate contingent on funds (THAT would have been a permanent one, even though it's soft money - yes, I know, it's a distinction without a difference, but, INS makes that distinction, so I have to as well) for immigration purposes, but I got a faculty job before I finished that, and then NIW got approved.
 
few minutes back i heard from post doc RA that his chairman gave him letter saying permanent job for his EB1OR based GC application
 
If you are on J1 visa then position is temporary. If you are on H1B visa then postion is permanent.One of my collegue changed from J1 to H1 and filed under Eb2-exceptional ability.
 
I beleive filling Eb1-OR while on J1 (which is essentially a exchange visitor VISA) is risky (there are cases which got approved). H1B also doesnot imply permanent but surely better than J1.
 
H1b visa does also have expiration date. This indicates my position is not permanent. Visa officer will find this in my documents.
 
redwoods said:
H1b visa does also have expiration date. This indicates my position is not permanent. Visa officer will find this in my documents.
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Well half true!! end dates does not mean that u can't be permanent! BCIS defines permanent in several ways .........and most of us are on H1B with defined dates.............
 
H1B is a strange visa because it permits dubious intentions of its holder, so s/he can actively pursue a GC without any prejudice from USCIS.

My friend at UCSF has worked there since 1999 as a postdoc, and who can say he is not perm employee just because he's a postdoc? I guess it all depends on how a particular employer views postdoc and treat them accordingly.

JollyFella
 
Well said!! The query comes into stage I want to say that it depends on employer a lot for getting GC such as EB1-OR. Writing reco letter, help in obtaining other letters, writing major petition (meaning signing whatever we/lawyer want), giving permanent job letter.......it all depends on employer. I know a friend who applied as post doc, became Research associate, research instructor and now ast prof with same boss after working for 2,3,2,years.....supported all thru for GC application.
 
My EB1-OR was approved as a research associate(in 2003). Most important is the EB1-OR employment letter has to be signed by the HR personnel and not your boss or division head. Even then INS may ask for further proof. In my case our institution had a policy(now revoked) of sponsoring postdoctoral fellows/associates in EB1-OR. A friend of mine who applied at the same time from my neighbouring institution was denied saying that his was not a permanent position(got letter from his division).
although my 140 got approved in 6 months my 485 is still stuck for background check at FBI.
 
nara1233 said:
My EB1-OR was approved as a research associate(in 2003). Most important is the EB1-OR employment letter has to be signed by the HR personnel and not your boss or division head. Even then INS may ask for further proof. In my case our institution had a policy(now revoked) of sponsoring postdoctoral fellows/associates in EB1-OR. A friend of mine who applied at the same time from my neighbouring institution was denied saying that his was not a permanent position(got letter from his division).
although my 140 got approved in 6 months my 485 is still stuck for background check at FBI.
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A lot changed from year 2003 .....& now.
I beleive you PD is current!
Did you get any intimation after setting up enqiry (if you have initiated)
as far as permanent position is concern
u need letters from employer/chair/HR/business office/
 
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