I-140 NIW can be submitted anytime. The main issue is it's submission has nothing to do with out of status as only i-485 prevents from getting out of status by providing temporary status to stay. During resubmission try to address the reason of denial in the first case.

@Charlie SC thank you. So what this means is that I just need to do a concurrent application since my first first I-485 might likely be cancelled following the dismissal of the application that I submitted it with. I heard it usually take USCIS two to three months for it to take effect.

try submit appeal you have 30 days from date of denial

@Dani I my I-290b was dismissed two weeks ago after 11 months of submission

@Pop_me L you can only file concurrently if priority date is current.

@Charlie SC thank you for this information. I just checked the Bulletin and the date is Jan, 2023 which means my pd is not current. I can only reapply for my I-140. So, what happens when you are approved and your priority date is still not current? Or does a new rule apply?

Even if I-140 is approved, you cannot apply i-485 if your PD isn't current. that's the issue with many applicants

@Pop_me L when you reapply i-140, you will get a new PD based on your date of submission.

you can refill an eb2 niw and file eb1a concurrently. this can help with your status

@Dani I I am going to submit appeal and then submit a new NIW I-140 to add all the reasons for the denial at a later date.