Am I eligible for EB1C after rejoining my ex-employer

[phoenix471]

Hi,

I have worked for Company ABC, India from Mar 2010 to Jun 2018 and then got transferred to Company ABC, USA on L1B.

Worked in Company ABC, USA from Jul 2018 to Dec 2021. In 2020, changed my status from L1B to H1B while working for the same company. Also have an approved I-140 from company ABC while on L1B.

Later joined another Company XYZ and currently working there since Jan 2022.

If i re-join my ex-employer i.e. Company ABC. Will USCIS considers my past international experience for Company ABC as a valid eligibility for processing EB1C ?

Or since there's a discontinuation of employment from Jan 2022, it wouldn't be considered. 

Could you please help share information regarding this or anybody faced similar situations and got EB1C processed successfully. 

[Attorney_15]

Under the law, in this fact pattern, the person moving back to the USA ABC company will not qualify for an EB1C Petition because the beneficiary must show employment abroad in the 3 years before the filing of the I-140, not 3 years before first entering the USA.