My approved I140(substituted labor)has been moved to pending(after 3 yrs) and revoked for not answering RFE(missing 750B form signed by instant beneficiary).RFE never reached lawye. After filing 1485,about 1 and 1/2 year later changed employer.
My lawyer applied MTR on I140 but sent G28 signed by me.Since I already changed the job,old employer is not doing MTR for me now.(employer never revoked my I140). It is not my fault that I750 is missed or case is approved. I1485 has got RFE to submit approved I140.
As my G28 is attached for MTR, Is it considered that beneficiary appealed the MTR?

1) The MTR appealed by me,Is it OK? and USCIS considers my appeal and approves my I140 based on the I750B submission along with MTR?
2) As old employer will not appeal, What options do I have here?