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.