Regarding H1-B...the short answer is no, even with 245(i).
Quote:
Q: My sister, who is a U.S. citizen, filed a petition for me in June 1998, and the priority date is around the same time. Since then, I graduated from UC Irvine with a bachelor’s degree in biochemistry. Since I’ve overstayed my visa, can I use 245(i) to apply for an H-1B?
A: The law requires you to remain in legal status in order to acquire H-1B status while in the U.S. Since you have overstayed, you do not meet that requirement. INA § 245(i) only applies to immigration applications. Technically, an application for H-1B status is a nonimmigrant application, and therefore you cannot use § 245(i) to become eligible to acquire H-1B status while in this country.
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From:
http://www.asianjournal.com/?c=129&a=18629