There is an existing ~20"-long 1/2" EMT conduit run through a concrete floor between floors (old work). It would be convenient to run NM through the existing conduit instead of switching wiring to THHN and back to NM on either side, but the NM would exceed 40% fill.
Can I exceed 40% fill if the conduit is short enough, ie, just as a damage shield and not as a true end-to-end EMT conduit?