@ No, he/she is not qualified! Nothing to adjust anymore.

yes you can actually adjust the status, you will have to fill a special form to forgive your presence without status. A friend of mine has done it. that would include more waiting time and leaving the country and going to a consulate outside of the us then coming back in the country with the new status presence

this question is not about AOS. simple answer is yes you can apply EB- 1 and 2 outside the U.S.