saziye

Hi,

I'm a Canadian academic (assistant professor) on an H1B visa. I just
got the visa this year, during my first year on the tenure-track.
However, I have changed institutions to be closer to my wife, but this
new position is a visiting assistant professorship (which will likely
be upgraded to tenure-track, but it is too early to say when this will
happen).

For you experienced Canucks living in the US: will I be better of
switching to a TN visa (and is this easy?) or should my institution go
for the H1B?

I'm thinking TN is better because it is infinitely renewable, and there
would seem to be more problems associated with the H1B (like being
forced to leave after six years if I cannot get a green card, and if I
remain non t-t indefinitely, then I probably would not be able to get a
green card, am I right?

If I stay on a H1B and my green card application is rejected, can I
switch to a TN visa?

help!

XYZ123

H1-B is better and immediately apply for GC. They give the GC within one year to university professors. Just contact an immigration attorney who know how to apply in the proper category. You only need a PhD degree and a couple of journal articles and a letter from the Dean that it is a tenure-track position. They will give the Green Card immediately.

On the other hand, I know a tenured prof at SUNY-Buffalo who is also a Canuck and has never bothered to get a GC. He just keeps popping over the border and gets a fresh TN-1 every year.

saziye

The problem is I am NOT tenure track. Right now it is a lectureship
(full time) that could change to a tenure track line in the future.

XYZ123

It is better to wait for the position to become tenure-track before you apply for Green Card. You cannot apply for the Green Card on a visiting appointment.

H1-B will be issued immediately for professors and most of the costs are waived. The total application cost is $200. The International Office at your university will do the paperwork for you. Do not waste your money on an attorney. You can start working for the university as soon as the application is filed because you already have H1-B from your previous university.

You can always get TN-1 immediately without any problems, but if you decide to convert to Green Card, the H1-B will be better to have in hand. For Tn-1, just drive to the border with your PhD degree and appointment letter. They will give it to you immediately.