Worked with US company on F1 OPT from 02/10/2008 to 02/9/2009, when OPT expired. Company forgot to file H1B Petition, so I have been out of status since 02/09/2009. Company realized mistake and has NOW submitted H1B Petition for FY2010 (Since the cap has not been reached yet). I am told I have to leave the country to obtain H Visa stamp at US Consulate. My I-94 says Admitted Until: D/S.

Question: have I accrued Unlawful Presence since 02/09/2009? Do I have to leave the country within 180 days from 02/09/2009 to prevent re-entry ban due to unlawful presence? Or have I been in unlawful status only, and am not bound to those 180 days? Is the law clear cut? Will the officer at the port of entry know the difference? Is there a way to obtain an official record/status info about me from USCIS?