1. doesn't matter, your hu*****and can use ap to come back. if his h-1 (not status) visa still valid, he can re-enter the country with h-1 because it's goona be easier. if he uses ap to enter the country, after he gets through the custom, he need to wait in the immigration office room for them to let him in. usually it takes an hour if there's lot people waiting.
2. no, it depends on his employer.