A foreign worker was employed on a H-1B visa with an approved and valid I-140. The foreign worker was laid off. The foreign worker's spouse continued to work on her H4 visa, because they believed it was valid if the foreign worker's visa was not revoked by his employer. The foreign worker is now seeking a H-1B through a new employer through consular processing, and has realized that they were mistaken about his wife's ability to work, with his termination also ending his wife's H4 EAD. Will they have problems re-entering the U.S. given that they were out of status for about three months, with her working without authorization?

