H1B with COS even L1B is getting expired before 1st Oct


My current visa(L1B) is getting expired on 23rd Aug, My H1B has been selected lottery this year with another employer. As my current visa will be expired before Oct 1st. My H1B CAP can not be filed with COS. During My L1B visa stay, i was out of US for 45 days.

Can my current employer file petition to recapture unused time on L1B and my new employer file H1B CAP with COS?

Do i need to go to embassy for L1B recapture time petition?

Is there any other options(My Spouse is in H1, can i file COS to L1 to H4 and file H1B petition with COS)