Convert H1 to F1 and H1 Extension

[venuzzzz]

Hi All,
My H1B(first 3 years) is expiring on this Oct 2010.As my employer said he would not apply for my H1 extension, I have applied for F1 for Spring (Jan 2011) and expecting it today.
Can I apply for change of status now and will it be approved by INS as Jan is 3 months from now ? or Will I be out of status ?Do I need LC (for State) for applying for H1 Extension through another employer? Is it recommended to go to India for these 3 months and return back in January? . Please let me know the options I have.

Thanks,
Venu

[shervin143]

You will not be just out of status, your stay past the I-94 expiry date will be considered illegal. If you cannot find an employment for the next 3 months and apply a transfer, then your should leave the country and return back in Jan 2011 in F1.