it essentially depends on whether the PD is current

at this point, the priority date for EB1 is "current", so people can file 140 and 485 concurrently. NIW falls under EB2, and only those PDs prior to Mar 05 are "current".

Road2USA has several articles of basic info about PD and its retrogression. you're welcome to check them out.

http://www.road2usa.com/gc/wiki.php

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