H1B to H4 Applying from Consulate in India

[user1986]

Hi,

I am currently working on H1-B with an I-140 approved. My wife an H1-B visa. She does not have a green card application filed yet.

Starting August 2013, I will be a full-time student at a top 5 business school in the US.

In March, I intend to quit my job, travel to India from March-July, and return to US in August on H-4 dependent visa (via consulate).

1. Will my prior H1 status, I-140 or any other aspect of my case (e.g., visa officer suspecting that I got laid off instead of choosing to attend school) make the H4 difficult to get from consulate? If so, how can that be handled?

2. Would I be asked "what purpose I need the H4 visa for" and does the purpose matter? If so, is attending school a valid reason for H4 application?

3. Should I specifically ask my employer to cancel my I-140 or is H4 a dual intent visa?

4. Also, should I change anything with regards to SSN, bank account etc?

Thanks for your help!

[Attorney_11]

Generally, H-4 nonimmigrants derivative of a principal H-1B benefit from the doctrine of dual intent. A H-4 is for a immediate family member accompanying the principal H-1B and H-4 nonimmigrants are permitted to attend school. To determine additional steps based on individual needs, please schedule a consultation with a qualified immigration attorney.