Trying to change status when my h1b is in grace period

Question

Can someone apply for a cap exempt H1b in the 60 day post OPT grace period or does one have to apply the I-539 for change of status to B1/b2 in order to maintain legal status and be on pending application till H1 B is applied for.

Also, if conversion from  B1/B2 needs to be done is it necessary to do it before OPT expires (reach USCIS) or can that be sent in the 60 day grace period. Is 60 day period considered as a zero status or exit period only where we cant apply for change of status ?

Answer 1

 No. The visa has to be filed while you are still in OPT status for the CAP GAP regulations to apply.

After the OPT expires students are given a grace period to leave the country. You are still considered out of status if you are trying to file any type of visa during this time.