9 years of H-1B, have approved I-140, 179 days of out of status, out of U.S. now...

[jinsonic]

I think my case is complicated enough that I couldn't find straight answer just with google search... I hope I can get some answer in this forum.

I got terminated after 9 years of H-1B. I have approved I-140 (PD 8-30-2013). It happened just couple days before my PD become current.
I was looking for other company who's willing to sponsor me but couldn't find any... I stayed up to 179 days as 'out of status' in U.S. hoping to find one. (but not as 'unlawful presence' - not beyond I-94 date on I-797)
I came back to my home country after 179 days since I got terminated.

Now, I found a company who might sponsor me but my previous attorney is saying that I already committed 179 days of 'unlawful presence' because it starts right after I got terminated.
Also, that attorney's saying that I have to wait one year (stay out of U.S. for one year) to get new H-1B with this company whose willing to hire me.

Now, here is my question.

1. Am I really already committed 'unlawful presence' violence?

2. Do I need to wait one year (stay out of U.S. for one year) to get a new H-1B? Even with my approved I-140 with previous employer?

3. If I have to wait one year, am I still cap-exempt? or not?

Thank you for kind answers in advance.

[kabkaba]

1. No, unlawful presence only starts after I-94 expiry or if USCIS has made a formal determination (in writing) that you are unlawful.
2. No, you don't need to wait.
3. Since you have used 6 years of H1B time, the petition will have to be filed based on the approved I-140. That assumes that your previous employer has not withdrawn the I-140. If the I-140 has been withdrawn/revoked, you will not be able to extend beyond 6 years.