I am currently in a L1 visa working for Company A. My L1 expires in August 2008 but the immigration officer wrote August 2009 in the I94 form. Company B has applied a H1B visa for and I won't the last lottery. My lawyer now says that the mistake in the I94 would generate some issues with my H1B visa as they would denied the change in the status because I already have a L1. Also as my current VISA (date in the stamp) is due in August 31 and the new H1B will be effective from October 1st, should I leave the country and get the stamp in my country or can I stay here for 30 days after the visa expires?

Your attorney is correct about issue with date on I-94. What's his/her advice?

In my opinion, if you don't fix I-94, you may not be able to change status in US, so consular processing would be your only choice. Better discuss with your attorney.

I will have a meeting on Friday to discuss options. I don't care if I have to do it in the Consular I just want to be sure my H1B is not in risk. My current job under the L1 Visa is en on June and if I lost the H1B I should go back to my job in my country but I already told them I am not coming back.

First thing is,
- When you enter to US?
- If you have entered on August 2006, IMM MAY stamp you till August 2009, [even if your visa is valid till August 20080. This is absolutely possible.
- How can you say that this is a mistake?
- If this is a mistake, you are not part of that mistake and IT WON't AFFECT Your H1B.

I entered on 2005.. my visa expires in August 2008... was a mistake of the customer office to write August 2009 in my I94. And if the H1B is valid since October 1st, I think I should leave the country and get the H1B in the consulate in my country, I won't be able to swich from the L1 to H1B without leaving the country I think... My lawyer says that may be they won't notice the mistake in the I94 so I can stay until October 1st but I don't want to risk anything

As per my understanding :
- You can stay in US as long as your I-94 is valid. Once you enter US, they will see your last VALID day in US as per I-94 and not in to your VISA.
- Explain this to your lawyer.