l1 to H1 under i 140

[Jo2017]

I am on by L1 now on 6th year ( will hit 6th-year cap by Dec 21)
Expecting my I 140 to be done by Oct 21 also have applied for H1 lottery in 2021.
In case if I do not get thru the lottery, and if I have approved i 140 under EB2 ( applied while on L1), will I be eligible for H1 Cap exemption for 2022 or do I have to wait until I get my H1 lottery in the subsequent years?

[rkk09]

Hi,
In order to change your status from L1 to H1B, you will need to get H1B under CAP for further move.
Thanks