If your H1 is non-capped, yes, you can wait legally.
If the H1 you are applying is capped, you will not be considered timely and duly filed if the cap number remains unavailable (the quota for the current year will open on Oct 1 for applications after April 1) when your legal status expires.
If the H1 you are applying is capped, you will not be considered timely and duly filed if the cap number remains unavailable (the quota for the current year will open on Oct 1 for applications after April 1) when your legal status expires.
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