L to H conversion using i-140 Approval with previous Maxed out H1B. Is Non-CAP H1B Extension possible?

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I was in H1B from 2012. My company was supposed to start the PERM initiation in 2017 and it was stopped.

My H1B was Maxed out in 2018 without any PERM initiation. I moved to Canada and came back in L1B after 1 year in 2019. I am currently in L1B last year of 5th year. In the mean time my PERM got initiated in 2022 and it got approved and received the I-140 approval 2 weeks back.

My company applied for H1B last two years and lottery was not picked. I am ready with Canada visa to move again. I was in the impression that i can't extend beyond 5 year since i am in L1B and need a CAP H1B approval. But some of friends are saying that since i was already in H1B and i should be able to extend with approved I-140.

Here is the summary : 

* H1B From 2012 - 2018 (Maxed out)
* Moved out to Canada for one year from 2018 to 2019
* Came back in L1B from 2019 till  now 2024
* Received the I-140 Approved in Feb 2024.

**My question is :** will i able to do Non CAP H1B extension since i was in H1B (which is maxed out) and have I-140 approval? or still  i need to go for CAP H1B lottery since i am currently in L1B.

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