回复：it takes weeks to get name checked

there seems to be a lot going on based on a long list of Man40过去发过的热帖 that I don't have much time to read.  So you are saying you now have a H1 petition approval  but without EOS (no I-94 attached), then you have to go abroad to get a H1 visa, either in Montreal or in China (if it's your home country).  Consulate may or may not know about(or agree to) the "8 months illegal" you claimed yourselves.  so just try it.