urgent PLZ! PLZ! - H1B application without I797

[ttomato1]

I'm in a grace period of J1 by 9/29/2011.

I have DOS recommendation letter and I797C (receipt) for J1 waiver.

USCIS got the DOS letter in 9/6 and they're still in reviewing.

I've heard that I can apply H1B with the DOS letter and legally work once I get a notice of their acception of my HiB application.

Can I apply H1B without I797?

I'll do premium process of H1B application.\

If you have anything about this, it'll be great great help.