Sec 245K provision-issue in 180 days calculation

[vexed guy]

Hi

I have a question regarding 245(K) provision in my case and the possiblity of getting the I-485 approved.

Important dates:

*   No violations (like unauthorized employement or out of status) in the previous VISAs.
*   H1B Validity/I94 Validity ended-  30-Sep-17.
*   H1B Extension filed           -  08-Aug-17.  (On time filing) 
*   H1B Denial Date               -  01-May-18. (The date mentioned in the case/online status).
*   Worked till 16-May-18,  as my employer said they received the denial notice only on 15-May-18 and my last working date is 16-May-18 for handing over the work.
    So,  I assume my "Unauthorized employment will be from 01-May-18 to 16-May-18  (16 Days). I was under 240 days automatic employment autorization due to pending H1B extension approval.
         
*   I-140 application date        -  15-Dec-17.  (EB1C category filed during 'out of status' ie. during H1B extension approval pending).
*   I-140 approval date           -  01-Mar-18.
*   I-485  Receipt date           -  23-Mar-18.  (Not concurrently filed) 
*   EAD received date             -  4-Jun-18.  (I assume , adjudicator will calculate the unauthorized employment days could be from 1-May-18 to 4-Jun-18, as per 245(K) calculation, unless I submit employers letter).
*   Interview date                -  7-Feb-19.   
    (The interview went fine.  The interviewer marked that H1B was rejected in I-485 application and made the status as "Interview completed and my case must be reviewed).

My questions , for 245(K) provision , 180 days calculation will be like
* out of status =  175 days (from I-94 end date to I-485 application date)
* Unauthorized employment - 34 days (from H1B denial date to EAD date).

So,  175+34 =  209 is greater than 180 days allowed for 245(K) provision,  I-485 will be rejected.

Question 1 : Is my understanding correct or Is there any possibility of 245(K) provision can be applied in my case?

Question 2:  As employer asked me to work till 16-May-18, as they received the paper notice only by 15-May-18, as it is no fault of mine, can the unauthorized work date can be considered technical fault. If yet, what evidence do I need to provide? All  I have is the email from the employer but they will not explicitly provide me a letter for this.

Additional details:
 I was not able to move out of country when the H1B extension was denied as my wife was due and had child birth on May 7th. Employer too said I can stay as my I-485 was pending but cannot work
after 16-Mar-18. As I got my EAD on 4th June 18, I rejoined the job.

Appreciate any Insight/guidance on the possible I-485 decision based on 245(K).