I-94 expired, valid H1...question

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seb262

Registered Users (C)
Hey guys, I have a question. I know the official answer, it's more of gathering your experience or recommendations here.
I have an H1 visa valid until 2010. But I lived in the US one year past my I-94's expiry date, until I applied for refugee status in Canada. I am now a PR in Canada. Because of work, for my new job, I need to travel to the US for training for a few weeks, it is a pretty big company and they are to provide me with a letter confirming this, etc.
Am I better off traveling and taking my chances of being accepted or not when I set foot on the airport, or would it be better to apply for a new visa from here (which I know would be really hard to get).

And, say I do go to the US as it is, and get stopped and deported back, would they deport me back to Canada where I'm a resident, or the country my citizenship is from?

Any ideas or experiences shared will be greatly appreciated :)
 
I take it your 10-year ban hasn't ended yet, and you are not trying to enter the U.S. with the H-1B visa.

I don't know how a CPB officer reacts. The fact that you are a permanent resident of Canada counts some for your nonimmigrant intent, but that doesn't change the fact that you were unlawfully present in the U.S. for a year. If you intend to enter the U.S. by land transportation, it increases the chance to be able to enter.

If I were you, I wouldn't go until the 10-year ban clears.
 
For seb262

Are you from the visa waiver country list? Otherwise you need a visa to enter the U.S. - results on your overstay will be reflected there.
 
Hey guys, thanks for the reply.
So, no, it hasn't been 10 years, nor am I from a visa waiver country :(
The only problem for me is that, if I don't go to that training, I may lose my job. In the worst case scenario, if they don't let me in, would I get deported back to Canada, or the country I was born in?
 
If you go through a land POE, the worst can happen is that you will be denied an admission and asked to return (to Canada). For air travel as you may know, you will receive pre-flight inspection at most of the major Canadian airports (I'm not 100% sure if they do at all of the international airports in Canada). So even if you are denied an admission, you are still in Canada.

FYI, the Canadian airports that do pre-flight inspections are Calgary, Edmonton, Motreal, Ottawa, Toronto, Vancouver, Victoria and Winnipeg. I guess that most of the airports are covered.
 
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That's really good to know, as I'd be going via one of those airports mentioned...so it gives me a big relief that worst case scenario I can always drive back home. Is it at the airport where you're departing from, where they actually approve or deny your entry? or after that one, do you also have to do the same when arriving at the destination?
 
Yes. In pre-flight inspections, CBP officers stationed in the airports actually do exactly the same thing as they do at POEs in the U.S. They basically either admit you, or deny your admission. If they deny your admission, you won't be able to proceed to the customs and terminal. Once you are admitted, they issue an I-94 and stamp your passport and there will be no inspection or any kind at your destination airport in the U.S.
 
Cool. Thank you very much for the info. I'll have to give it a try, hopefully it will work out..if it doesn't, my employer won't be too happy :-P

If anyone has anything that could be shared or personal experiences related to this, would be appreciated :) :)
 
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