The Ninth Circuit has determined that an adjustment applicant who falls out of status prior to filing for adjustment of status, and whose timely filed application for extension of his nonimmigrant status is ultimately denied, has not fallen out of status due to “no fault of his own.” Rather, that exception can only be invoked if the timely-filed application for extension of status is ultimately granted.
The full text of Attias v. Crandall can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/07/30/18-56629.pdf