I140/485 got denied, need help from Xiaobaitu, lovewind,fsa2000,

My NIW I140/485 concotant filed got denied. My hu*****and was H4, but he applied EAD. He did not used it for work, because he could not find one yet, but he used it to apply social security number already.
Does he need to leave this country for a new H4?
Generally, how much time INS gives for poeple out of status to leave?
thanks a lot.