Dr. William:

I was in F-1 visa before, and currently I am out of status about 10 months after graduation, due to not being able to find a job. Is there any way for me to apply for permanent resident in employment immigration, if I find an employer to sponsor me later? 

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A:

Currently, those who are out-of-status or illegal aliens are not eligible to apply for a permanent resident status, even if they are otherwise eligible through family petitions or employment petitions or immigration lotteries, unless they are eligible to apply for 245(i) benefits. At this time, 245(i) benefit provision sunset on April 30, 2001 and no such benefit is available unless the eligibility was established on or before April 30, 2001.