I-539 application is rejected due to payment error, can it be filed again during "out of status"?

[snkrishnan1]

I was on H1B and got maxed out on 18-Aug-22.
Related to my GC - my PERM application went to audit and my priority date was on 01-Dec-2021. Original plan was to stay in USA on B2 visa till the Perm approval followed by I-140 and H1B.
My attorney filed my B2 visa on 15-Aug-22 before my H1B maxed out. 

But the problem now is during filing my attorneys didn't enclosed the check for Biometric fees, instead enclosed only for the application fees. 
Now my I-539 application is rejected due to the reason "Payment amount is incorrect or not provided" on 23-Aug-22. 
Please clarify my below queries:
1. Am I out of status or still valid? can I ask my attorneys to re-file the I-539 petition with correct payment amount and will it be accepted?
2. I assume this is overstay and as a consequence is there any possibility of my H1B getting rejected due to overstay or getting consular processing on my H1?
3. If I travel to India will it increase the possibility of my PERM/I-140/H1B approval without much hassle

Overall Please guide me what would be a better approach which I can take now?

[Zodiac System]

You have an attorney and he should be guiding you on your above questions.  I think your attorneys can refile it with the correct check amount "along with the original rejection letter" which has got date of receipt of your packet etc. to USCIS and you will be good, however check with your attorneys.  Good Luck.