H1B New Filing - with max out date issue

[vCGS]

Hi,

I been in US from Dec 2004 to Jan 2011. If vacations (out of US) days are excluded then I was in US for almost 5 years 9 months. For first 4.5 years I was in L1B and rest was in L1A. In 2011 Feb, my L1A stamping was refused. I am thinking of going for H1B?

1. Am I eligible for 2011-2012 quote H1B filing?
2. If max out date is problem, is it okay, If I can file H1B now, but go for stamping after Jan 2012 ( completion of one year outside US)?
3. When will USCIS/consulate consider 6 year max out date, is it during petition approval or stamping process?

Please suggest. Thanks in advance.

Regards,
CGS

[shervin143]

1. Am I eligible for 2011-2012 quote H1B filing?
>>> No.

2. If max out date is problem, is it okay, If I can file H1B now, but go for stamping after Jan 2012 ( completion of one year outside US)?
>>> Petition won't get approved unless you have spent 1 year outside U.S.

3. When will USCIS/consulate consider 6 year max out date, is it during petition approval or stamping process?
>>> Petition approval.