there seems to be a lot going on based on a long list of Man40過去發過的熱帖 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.