Yes, you can apply for B1/B2 visitor visa anytime you want.
But, the chances of its approval depend on the analysis done by the visa officer in US Embassy.
The onus of proving that you just want to visit US to finish/wind up your pending settlements is on YOU.
If you can convince them that you will NOT work in USA with this B1/B2 visitor visa, you can get the visa with no issue.
But, generally, since, you have been trying for H1B at the same time as you would apply for B1/B2 visitor visa, the questions hover in Visa officer’s mind about your immigration intent.
So, the visa officer’s inclination is mostly to reject the B1/B2 in lieu of your past and current H1B application trial.
But, it varies with person to person and there is no official rule that you cannot apply.
I would say that go ahead and try if that’s the only option left.