Can we process new H1 visa while L1 petition is in progress with USCIS

Hi,

I have petition for L1B Inndividual from my employer. Meanwhile, can I process H1 visa through a consultant? The petition is just submitted to USCIS and waiting for the reply. As its a normal process, it might take 60 days to get the response. Is it fine to apply H1 for this year cap while the L1 petition is under process with USCIS?

Thanks,

Vijayraj