Ecingram

This is my situation-
1. Entered U.S 3/2000 with O2 visa status.
2.
After successful renewals, O2 status expired end Dec 2002.
3. Prior to
expiry of O2 status, filed for change to H-1B. Remained in U.S pending
outcome of case since children in school mid-term.
4. Few weeks after
filing, job on offer fell through.
5. Filed new H-1B petition Feb 27,
2003 under premium processing as law clerk.
6. April 2003 petition
denied on basis that a law clerk didn't qualify for H-1B status.
Immediately appealed decision. Remained in U.S pending outcome.
7.
June 2004 petition approved and backdated to Feb 27, 2003.
8. Original
H-1B petition that was timely filed was allowed to lapse- it was never
formerly withdrawn.

Q's -
1. Can I now switch to H-1B without
leaving U.S?
2. If I do leave to go to my home country Consulate to
obtain the visa will I have been deemed to have overstayed without
reasonable grounds?