This is something you need to discuss with your lawyer.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
In situations such as this, it is almost always better to file a new I-140. In doing so, however, make sure that the same mistakes are not repeated and that all issues are properly addressed this time.
Appealing to the AAU takes about a year and a half to adjudicate and in 4 cases out of 5 the AAU sides with the government.
By filing a new I-140, you will also have a new officer look and analyze the petition, and it's often an officer who does not have the same bias or prejudices as the first one..
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I would refile the case with all the evidence. If time is of the essence you may get a response. Appeals take a long time. I have successfully refiled EB 1 cases and have procured approvals.