All kinds of case may apply to MTR,your I-485 will be denied

soon due to the I-140 denial,if the I-485 based on the
I-140.MTR is a unformal way to try saving your case,if you file it,the case will be processed by the office where denied your case,if you file an appeal,mean you
oppose their decision & want to argue with the office,then your case will be transferred to the head office of USCIS in Washington DC, however ,if you file
another I-140 petition to the USCIS office where denied
your first I-140 application,I think you may guess what
will happen.This is why I don't suggest you do so when
your appeal is pending.
If you choose to file again,you have to wait , until get second EAD,usually it will need 2-3 months.