Yes, due to the fact that you seem to be "grandfathered "under INA section 245(I) should your current employer or any employer successfully file an application for labor certification and I-140 petition, both of which are ultimately approved, you will be able to file for adjustment of status to green card in the US by filling out Supplement "A" to Form I-485 paying the $1,000 fine. (The fact that you have been "grandfathered" under 245(I) based on a family petition and will no adjust under an employment based petition is irrelevant and will not make a difference.)
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Yes, you can use the old petition as a basis for adjusting under 245i once you have the following:
a) an approved labor certification;
b) an approved I-140
The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.
as long he employer does their part in obtaining your immigrant visa through your work, the grandfathering allows you to adjust by paying the extra $1,000.00 penalty based on the 1998 petition. for 245 (i) purposes does not matter what your position or education is.