My I-140 was denied last Dec., and my company found a very good attorney to do the appealing. Actually, the attorney said we appeal the decision, but checked "reopen a decision and a reconsideration with evidents" in I290B form. In this way, NSC can make a new decision to approve the case. If NSC does not agree, the case will be sent to AOO in DC. I am lucky enough as the appealing was approved in TWO WEEKS! Just got the approval notice today. Got a feeling that NSC was very careful about denying an I-140 based on LC as it takes so much efforts. Also, the attorney is very important. My appealing material is about an inch thick.
Hope this will help!
Hope this will help!