Previous H1B incorrect validity and impact on new H1B application

USA H1B Visa
1

I have a situation where I have exhausted my 6 years of physical stay on my previous H1B visa and exited US a few days before completion of 2190 days.My last H1 extension was however provided until June 2015 (by mistake) - since this date was beyond my 6 year H1 tenure (without I140 approval or 365-day pending LC), I exited the US before my 6 yrs physical stay and currently in India.

Now, my employer is applying H1B for the current fiscal year (after more than 365 days of H1 cool off period) and am wondering if USCIS may check my last petition (from my previous H1B) which shows that I have a valid petition until June 2015 and may deny my visa (or rather not filter my visa before sending it to lottery). Please advise how USCIS may handle cases like this.

2

First of all, I congratualte you for doing the RIGHT thing(either by knowing or unkowingly) to stay only 6 years on H1 status regardless of anyone’s mistake. Trust me, this right decision saves your life a lot now and later.

Having said that, since you did the right thing, you will NOT have any single IMPACT on any of your future immigration(either H1/Green Card) proceedings.

All USICS looks for you is howmany days that you have burned inside USA on H1 status. It doesnt matter you have an extended period approval or not.

Good job on your part. Keep being logical like this when you are in doubt.

3

Thank you ImmiGeek for the prompt response! Appreciate it.