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H1B after staying in the US for 8+ years

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  • H1B after staying in the US for 8+ years

    I am currently in the US and have been in the US since January 2012.

    I was on a L1B visa from 2012-2016 and then moved to L1A 2016 - 2018 and now currently in H4 and working via EAD.

    So, basically I have been in the US for 8+ years now.

    A prospective employer filed an H1B for me in H1B 2016 cap via the Consular approach and the same got approved. But the same was never activated coz I didn't switch employers.

    What are my options to switch to H1B visa? Unfortunately I am in a situation where I cannot be outside the US for 365 days to reset my H1B counter.

    Can an employer file a I140 for me and once the same is approved can they apply a cap counted/cap-exempt H1B after?