L1-H1b gap in COS-no l1b extension

L1 and I-94 are expiring on sept 24 2014 and we are planning to apply new h1b thru a consultant this year (h1b would be effective from oct1).

We would have a 6 day gap and we do not want to go out of the country and return back once h1b is effective.

Our consultancy suggested -we plan to apply h1b in non premium and would convert it to premium by August in case we dont get any update on h1b non premium. So that we would get to know the status soon and get the h1b approved with new i-94.

  1. Is he suggesting the right thing? I am not aware pls guide.

  2. I read somewhere that the h1b petition will be rejected when the l1b is not valid till oct 1.is this true.

  3. With our case should we get h1b thru consular processing or COS.