My employer has applied the H1B extension for me on June 26th 2015 in regular process and we got an RFE on Feb 8th 2016 and We submitted the required documents on March 17th 2016.
My I-797 and I-94 got expired on Sep 25th 2015.
Well.. You should be talking to Mr. Lawyer for the employer about all of this.
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Since you appear to be a very valuable foreign national generously sponsored for your professional skills and valuable potential by a US based sponsoring company, do not hesitate to contact its immigration counsel charged with a duty to handle your immigrant visa case.
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Generally, yes, you can upgrade to a premium at this stage. Not sure it would be feasible under the circumstances you described, but your employer's lawyer should be able to advise you.
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Yes, work with the employer's attorney.
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by timely filing the H extension you received 240 day of additional employment authorization from Sept 25, 2015. Your interim employment authorization ended in March. Hopefully, You may apply for premium now.
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