Can I recapture remaining H1 time.

#1
From 2000-2004 I was on H1B,. Minus being outside US, I was in US H1B1 status for 38 months.
From Jan 2005-Dec 2010 I used my EAD to to work for other employers and used Advance Parole for travelling.
In Dec Dec 2010 I-485 was denied. Returned to India in April 2011.
Now a US based employer wants to apply for H1. Am I eligible for 34 months of recapture time, or I have to apply in quota.
 
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