No, you can't adjust status on eb2 or eb3 if you are out of status.

basically only marriage “save” you if you are out of status.

Don't be out of status more than 6 months. But it's better that you are not out of status at all for employment based. Right now, they are asking for transcripts for F1 people to confirm that they are/were going to school.

thank you everyone! I understand that only marriage can "save" my situation but I was also wondering, since I've fallen out of status because of covid and to help my severely hill father who has cancer and he's undergone several surgery and a transplant, he's also a 9/11 first responder, do i have any chance that they approve an expedite petition for my i130? I did it 2 time but without a lawyer and they denied it, I think that maybe I wasn't able to present the case and the proof in the right form, so I was thinking about asking a lawyer to help me to do it right, but I don't know if it's worted or if thers no way that they approve it, the lawyer asked a lot of money...but my father could die by the time that they approve my i130 and I don't want to leave him knowing I may never see him again

you need a lawyer

thank you!