tamade is not wrong. Have you received the I-485 denial letter yet? If not, you will receive one soon in which it states that your EAD is termiated. You made a convincing argument re the validity of EAD, it may or may not work.
I would appeal the denial of I-140 or do MTR. Whether to appeal or MTR depends on the strength of your case.
The only advantage of re-filing the I-140 and I-485 is to obtain a new EAD. CIS will not adjudicate your I-140 when the previous I-140 was denied or pending MTR or appeal.
If the EB-2 (NIW) is current, I would file the new I-140 under NIW.
I would appeal the denial of I-140 or do MTR. Whether to appeal or MTR depends on the strength of your case.
The only advantage of re-filing the I-140 and I-485 is to obtain a new EAD. CIS will not adjudicate your I-140 when the previous I-140 was denied or pending MTR or appeal.
If the EB-2 (NIW) is current, I would file the new I-140 under NIW.
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