Denied Prong 1 and 3, Industry Profile

Hi! My petition got denied recently. I had received RFE on prong 1 (challenged national importance, but accepted substantial merit), and prong 3. (PP)

My attorney has given an option to refile with refund in case of denial.

Has anyone tried to refile their petition and got approved the second time?

I am thinking to do premium processing again because having an approved I-140 will provide immediate benefit to my spouse to get H4 EAD. Any suggestions here?