"last action rule" & i140

aguy

Registered Users (C)
Hi,

I have a NIW/I140/EB2 MTR pending since April 2009.

A new NIW/I140/EB2 was approved in Aug 2009.

I want to wait for the MTR appeal since if it is upheld, I may be able to capture the PD for the old I485 that was filed along with the original petition.

Is my I140 subject to the last action rule? Should I withdraw the MTR? If I do, I will lose any chance of capturing the I485 PD, right?

This is confusing, I thought, I140 approved and I am done...

Thanks,
 
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