OK,
I did some reading and found that the Immigration and Nationality Act - Under Section 245(i) will grandfather him as a sub-beneficiary of my sister's petition since it was filed before April of 2001.
My new question is: Does he have to file the I-360 or the 485-I along with the 485 supplement A?
Does he have to pay the $1000 fine even though he came to this country legally on a tourist visa and he has the I-94?
A visa under my sister's petition is not yet available.
Thank you for your advice in advance.

