problem in H1 status and travel in AP

[alien123]

Received I140 approval, and I485 PENDING. I am the primary applicant. me and my spouse are working in h1b visa. In the past (during 2002 and 2003) my spouse was without a project for several months with employer A and hence not paid. In July 2004 he got a permanent job with employer B and maintains his status till today. During the period without project, he was still in H1b and his employer didn't terminate his h1b.

Now we have a travel plan to our home country. We are planning to use AP to reenter. My question is will he have any problem at port of entry?