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Change of status from M1 to H2b while m1 is still pending

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  • Change of status from M1 to H2b while m1 is still pending

    I was in a school for 3 years on M1 visa which is renewed each school year. For my 3rd year at school i sent application to USCIS on March 3rd 2017, i received i797c Notice of Action in April and never heard back from them. Checked the status of the application online and it still says thats processing. Eventually if approved M1 will be valid for exactly 1 year from the previous visa which is till March 3rd 2018. Im afraid if i dont receive it in the next week i will become illegal. I got a job offer and all documents ready to send to change my status to h2b, but i dont have the m1 extension yet. Is it possible to apply for change of status without having the previous visa approved. My drivers license is expiring too, which i cant renew without proper documentation. Any thoughts?
    Married USC Sept 8, 2019
    Package sent Jan 24, 2020
    Package received at MSC Jan 27, 2020
    NOA for i130, i485, i765, i131 received Feb 10, 2020
    Biometrics done Feb 25, 2020
    Ready to schedule for interview April 20, 2020
    EAD approved June 22, 2020
    EAD received July 13, 2020
    Interview notice issued Jan 6, 2021
    Interview date Feb 10, 2021

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