Out of status or not?

[furiousnucleus]

Hello experts,

My situation:

has been in US for 6 years on cap exempt H1 b, 6 years expired on 07/04/2017. Approved I-140 from previous employer.

Applied for H1 extension prior to 7/4/2017 at CSS, have fedex receipt that USCIS received the package on 6/24/2017. Applied under regular processing as premium was unavailable at that time.

Did not receive receipt notice and my attorney told that there was an in-general delay in getting the receipts at CSS - which was corroborated on forum.

Nothing happened for 3 months. Called USCIS and they are not able to locate the package. Never received any mailed communication from USCIS.

Filed a new petition with premium on 9/27/17 and was approved however with approval date of 10/7/17.

Does this mean that I was out of status for 3 months (7/17 to 10/17) despite filing on time?

Is there a way I can appeal or request USCIS to consider retroactive date given that I have Fedex receipt of delivery prior to the expiration date?

I appreciate all your help in anticipation.