H1B extension filed after H1B and I94 expiration, RFE received


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Hi all,


I'm now in a very tricky situation.


Both my H1B and I-94 expired on Sep 26th.


The extension application with premium processing was received by USCIS on Sep 28th. ( I urged my attorney and HR to file the extension in July and August. On Sept 1st, the attorney told me that "it has already been filed" and on Sept 15th she again assured me that "we're still waiting for the receipt".)


Now that I received a RFE, saying that the previous H1B expired on Sep 26 and the new petition was filed on Sep 28th. We need to provide documents to prove that this is an "extraordinary circumstance". 


My question is, can I argue nunc pro tunc(NPT) for my case because:


1. Although the document is received by USCIS on Sep 28th as shown on the receipt, it was filed on/before Sep 26th.


2. My attorney misled me and my company about when it's filed. I, as the beneficiary, have no idea that the document was filed that late, causing USCIS received them after the expiration of my H1B. 


If my attorney file a NPT, what's the chance of getting an approval? 


Please let me know if you were in the same boat or if you know an attorney with such experiences. I'm in desperate need of a competent attorney! 


Thank you so much!

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