I have a general understanding of all the nook & corners of the I-140 portability rules. Its very precarious & employees with a family and kids in school will not dare to do this. Its a high risk maneuver.
Suppose an employee did take the risks, think about when he will be getting a greencard for EB2 or EB3 from India/China, 10 years ? If the queue readjusts, 15 years ? What if the portability provisions are taken out by a new government ? Whats the point ? Why should an employee's future be dictated by a broken immigration system ? I believe in fail-fast, so that's why I took the Express Entry path of Canada and I didn't fail.