HI PHESESAaug,
To answer your question is 245(i) part of EB3 category. Then Yes. But the qualifications and requrements are diffrent with respect to other workers. Most of the illegal floks fall under other workers category. And they have visa numbers unavialable as you can see in this months bulletin. And poor indians like my self have to be stuck under Eb-3 category with dates stuck around April 2001. One reason can be the large volumes of EB3 GC's approved from INDIA in 2004/2005. total eb3 aprroved in 2004/2005 are 43,000 compared with regular limit of 7000. So i think Eb3 will be stuck where it is now until October when new visa numbers are released. Regardless of 245(i) casess we all are screwed.