If someone on h4 status (with h4 stamp valid till 2013), starts working on EAD, then if I-485 is denied, then does he have to exit the country to get back on H4 status?
---------------Yes (primary should be on valid H1 status).
Since the h4 stamp is still valid, does he have to apply for new visa, or can he use the existing visa stamp to reenter?
-------go out and enter US get H4 based I-94. no new visa stamp needed. go to Canada/Mexico and show the valid visa stamp and get new I-94 and enter US
Thanks ginnu.
If the person on h4 having an EAD, starts working, is he in violation of h4 terms (by working)?
---------------------------------Once H4 holder use the EAD for work then invalidate H4 status. if one use EAD and go out still one can enter on H4 status if one has H4 visa stamp.
Reason i-485 might be denied: there was status issue before the i-485 was filed.
----------I dont know how many days person was out of status. if the person was out of status less than 180 days the person was eligible for 245K.
Although the person has now exited the country and come back with a valid h4 visa and filed a new i-485.
-------------------------------That is OK and dont see any problem as person was on Valid status when filed second I-485.