To: Mytwocents and Xiaobaitu, I140(RFE) using EAD

Dear friends:
I submitted I140(NIW) and I485 concurrently last Aug. My case is very weak and I got a tough RFE last Oct. I responsed RFE two month ago, but so far there is no any result.
My hu*****and is using EAD now. We are worried that our 140 will be denied and there are very limited number H1 in limited time each year, so, my hu*****and wants to apply H1B.

Can he apply H1 as an EAD status now?
Does he need to leave the U.S. to get the H1 visa?

Thanks a lot in advance