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


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?