Exception from 245(c)(2) and (8) without employment based AOS

[cpphey]

Background:

1. Was on H1-B for many years and had 245(c)(2) and (8) issues.
2. Left country for few years.
3. Came back on new H1-B . After this COS , there are NO (c)(2) and (8) issues.
4. Now am looking to do AOS for investor category (EB-5).
5. Hence 245(k) does not apply. 245(k) is only for EB1, 2, 3.

Volume 7, Part B, Ch4 says there is an exception "The applicant was granted an extension of nonimmigrant stay or a change of nonimmigrant status."

Question:
Am I still eligible to do AOS under this exception since successful COS after leaving country (Point 3) "erases" issues in Point1 ?

[newacct]

Leaving and re-entering the US does not help you avoid the bars to AOS for having previously failed to maintain status and/or having previously worked illegally.

USCIS Policy Manual Volume 7 Part B Chapter 4 section C:

The departure and subsequent reentry of an applicant who has at any time failed to maintain a lawful immigration status or violated the terms of the nonimmigrant status on any previous entry into the United States does not erase the bar.

USCIS Policy Manual Volume 7 Part B Chapter 6 section B:

The departure and subsequent reentry of an applicant who was employed without authorization in the United States prior to filing an adjustment application does not erase the this bar.

So you need to focus on whether you are considered to have failed to maintain status and/or worked illegally on your previous stays. If you were granted Extension of Stay or Change of Status, that means you maintained status. I don't know what exactly were the issues with the status on your previous stays.