L1 to H1 COS - reaching L1 maximum stay in August

[myEAD]

Hi

My husband is working for company A on L1B since May 2007. He will reach his maximum stay of 5 years on August 23rd (after recapturing vacation period). Company B is ready to file H1 COS premium processing. I have a couple of questions.

1. Will COS be rejected as he reaches his maximum stay in Aug? He has to leave to India for two months after cos is approved, come back US in September and take advantage of last action rule. Will USCIS consider the future vacation if we show airline tickets?

2. I am on h1. If option 1 doesn't work, can we apply for his h4 and request uscis to give cos from august? He wants to give 2months notice to his current employer.

3. Can we file for h1 when h4 is pending and request uscis to approve h4 first and then h1?

4. What would his best option be to avoid stamping and work on h1?

We are scared that the h1 quota may be filled if he leaves to India for two months and we wait until he comes back..

[JoeF]

COS will be rejected. You would have to leave the country and get H1 visas to come back with them at the beginning of October.

[myEAD]

I thought so too.. can you please look at the other options aswell and comment? Thanks so much for your help!