L1 to H1 Change of Status.......

Hi, I am currently on L1 for Comp A with I 94 Expiry till Sep 28 2012, Comp B sponsored for H1 B for Y2012 and it was approved. Comp B did not apply under COS as the effective date of H1 can be only Oct 1 2012. My query is can I apply for COS now requesting the effective from Sep 28 2012, ? since there is a gap of only 2 days for Oct 1, I checked with an attorney and he was of the opinion that USCIS considers only working days and being 28 Friday and Oct 1 as Monday , it should not be problem if COS is approved. Assuming if my COS effective is from 1st Oct , the 2 days stay 29, 30 will be treated as illegal ? Please advise what would be best option should I go out of country and get stamped which is very risky or apply for COS/amendment on approved petition?

I don’t think out of status on that weekend will be considered as illegal.