I-539 (H4) extension - received intent to deny notice

[Jain1023]

Seeking expert/educated advice from the members.

I have a valid H1B and my spouse has valid H4 and H4-EAD till Oct 30, 2017. We had to go to India on May 14, 2017 which was Sunday. The extension papers for H1B, H4 and H4-EAD all were sent by my attorney to USCIS on Friday May 12, 2017 and told us not to worry as we were in US when the application was filed. But later in USCIS website, when checking my status it showed that application received on May 15, 2017 which was Monday. Today I got a letter from USCIS for I-539 that has 'Intent to Deny' saying that my spouse was not in the country at the time when application was filed. Even though she was in US on May 12 when application was filed but was not in US when the papers were received by USCIS on Monday as the flight was on Sunday evening.

Please advice what are the next steps we as family should take.

[pontevecchio]

It does not affect her as she will enter based on existing visa stamp and your latest H1 petition approval and her I94 will be till the end of your H1 petition.