Question regarding H1B extension

[bushize]

Hi there, I'm on H-1B (10th year), my employment based I-485 got denied last December due to misrepresentation. I'm filing a lawsuit for the denial, but that takes time. My H-1B is expiring this September. My questions is will refilling allow me to apply for another year H1B extension?
My attorney told me since my I-485 got denied, I'm not eligible to get extension. I consulted a few other lawyers, some said as long as my I-140 is approved and still valid, I should be able to get extension. Any thoughts?

Thanks!