L2 to H1B Transfer With approved 1 140


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I came to US on Dec 30 2006 on H1 B Visa, I switched from H1B to to L2 (Spouse is on L1A) Category on May 2009.


I have an approved I 140 through my previous employer. Priority date Aug 20th  2012 Which is applied while I was on L2 .That employer is not ready to process my H1B.


H1 B Used period ---- 2.5 Years (30 months) , My Last valid H1B was valid till Dec 2010

First H1B  6 Year Limit completes in 2012 However I actually utilized with H1B status only 2.5Years remaining period I was on L2 status.


My question here is 


1. Whether I can switch the status from L2 to  H1 B Through my current employer?


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