Applying for H1, Do i have to wait till April for new quota?

[cynosure]

Hello all,
Need your help to clear some of my confusions :-)

I lived in US (on H1) from Dec 2006 to June 2010 (3 yrs 7 months).
First H1 - Oct 2006 to Oct 2009
H1extension - Nov 2009 to Aug 2012 (H1 approved but visa denied at stamping)

My H1 Extension was approved in Nov 2009 but visa was denied at stamping in chennai when i came to india in June 2010. I was given a 221G blue form asking for employer related documents. Provided them but got reply that they can not issue visa and case is sent back to USCIS. I started working in india since then and now i have a new offer to work in US.

1) Should the company wait till April 2012 to file my H1? (since the quota is already complete)
Or can they go ahead and apply as i did not complete 6 years of stay in US on H1 status.
2) Will the 2010 denial impact my stamping chances this time?

Thank you in advance.

[shervin143]

1) Should the company wait till April 2012 to file my H1? (since the quota is already complete)
Or can they go ahead and apply as i did not complete 6 years of stay in US on H1 status.
>>> You can use the CAP from your previous H1B approval notice to file a new one and request an immediate start date. You will get only the remaining period in that CAP.

2) Will the 2010 denial impact my stamping chances this time?
>>> Previous denials will not have any impact as long as the reason for denial is not you (fraud, criminal history etc).