AC21 Question regarding labor Gurus Please comment

[VSCNarik]

This was a question and answer i found on the murthy chat . Does this mean
if the employer reuses the LC by revoking the 140 the case will be rejected outright. Gurus please intepret this (Ginnu,United Nations). I am desperate to use AC21 and mine is a substitute labor case.

Here is the transcript:

Chat User : My I-140 is approved, and my I-485 filing has crossed over 180 days. I got my EAD. Can I change my employer?

Attorney Murthy : Although this would satisfy the preliminary or threshold level for AC21 portability, there is another risk that we are starting to see, especially for those with LC substitution cases. The USCIS seems to be taking the position that the employer may not reuse the same LC for another employee if the original employee or an earlier employee using a substitution has already received the "green card" based on that same LC.

 

[ginnu]

This was a question and answer i found on the murthy chat . Does this mean
if the employer reuses the LC by revoking the 140 the case will be rejected outright. Gurus please intepret this (Ginnu,United Nations). I am desperate to use AC21 and mine is a substitute labor case.
------Murthy said that if original employee or an earlier employee using a substitution has already received the "green card" based on that same LC
you need to find out from the employer if that LC has been used or if I-140 was filed by employer for the original employee (becase if I-140 was filed and not revoked by employer before that persons I-485 pending hit 180 days he may have got GC or may get the GC before you with use of AC21
Here is the transcript:

Chat User : My I-140 is approved, and my I-485 filing has crossed over 180 days. I got my EAD. Can I change my employer?

Attorney Murthy : Although this would satisfy the preliminary or threshold level for AC21 portability, there is another risk that we are starting to see, especially for those with LC substitution cases. The USCIS seems to be taking the position that the employer may not reuse the same LC for another employee if the original employee or an earlier employee using a substitution has already received the "green card" based on that same LC.

 

[VSCNarik]

Thanks Ginnu for the reply. But i contacted a high profile attorney that person is saying it is better not to use AC21 if it is substitute labor as if the 140 is revoked before i file AC21 the INS might deny my case. It is worrying me as i am in EB-3 category with PD july 2003 (wait 1.5 yrs to priority dates to get near). It has been 10 months since my 140 was approved. How can the AC21 rule apply differently for substitute labor?