You can't (lawfully) reenter on an H1B, as you're out of status. If you get caught lying at the border, you'll be turned back and will likely be permanently barred from enteirng the U.S. You'll want to reenter on an H4 visa - you don't need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.

Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to reenter the U.S.

Given the apparent overstay issue, I suggest consulting an immigration lawyer.