Has my clock Reset to Apply for L1A (used to be on H1B)


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Hi,

I want to understand if my below case allows me to reset my clock and apply for an L1A:

  • Spent time in USA on H1B from October 2014 to June 2021
  • Above H1B was extended a couple of times because I got an Approved I-140 in EB2 category in 2017 (before my 6 period on H1B expired)
  • Most recent H1B petition approval was for the period Feb 2021 to Feb 2024
  • In June 2021, Moved to Canada as permanent resident - In early 2022, secured a B1/B2 visa to travel to US for personal travel and business reasons
  • In end October, received a I-140 approval under EB1-C Multi National Manager Category 
  • Planning to move back to US now to pursue adjustment of status under EB1C

Key questions is that between June 2021 and November 2022, I have cumulatively spent more than 365 days outside so has my time used on H1B clock reset? If so can I ask my current employer to send me to US under L1A (instead to picking up my H1B again) - since I have met the standard for that with my EB1C I-140 approval?

Note though I have in total spend 365 days outside US, I have not spend a continuous 365 days outside US i.e. between June 2021 and October 2022 I have been to US for 3-4 personal/ business trips

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