question on I-140

[Robert8]

On form I-140, there is an item : is this a new position? (Part 6 of I-140)

what is the definition of new position?

why INS want to know whether it is new or not?

Please reply

Thanks

 

[nkm-oct23]

Originally posted by Robert8
On form I-140, there is an item : is this a new position? (Part 6 of I-140)

what is the definition of new position?

why INS want to know whether it is new or not?

Please reply

Thanks

A new position is one that did not exist before and the applicant for whom the immigration petition is being filed will be the first to be offered that position. The reason I think is to weed out the practice of tailoring jobs to match a specific applicant.

 

[Robert8]

nkm-oct23:

Thank for for your reply.

I am in my current position for 4 years, and I am the first on this position,

if my I-140 is for my current position, it is a new position for I140 purpose, am i right?

look forward to your reply again.

 

[nkm-oct23]

Originally posted by Robert8
nkm-oct23:

Thank for for your reply.

I am in my current position for 4 years, and I am the first on this position,

if my I-140 is for my current position, it is a new position for I140 purpose, am i right?

look forward to your reply again.

My guess is yes, because your employer has not been able to hire a regular US person for this position. Your current position has no bearing on I-140. Your HR dept will be able to give a more accurate answer.