你需要waiver; 你不可能申請到H-1B。
If you are not sure whether the two-year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of INA 212(e) to your situation.
http://travel.state.gov/visa/frvi/glossary/glossary_1363.html#advisory_opinion
If you are subject to the two-year foreign residence requirement, you may not change your status to that of H, L, or K, or to immigrant or legal permanent status until you have fulfilled the two-year foreign residence requirement by going back to your home country or receiving a waiver of this requirement.