Can EB3 file I485 now??

I filed I140 on 9/8 this year (EB3), but the lawyer said she couldn't file the I485 at the same time because the priority date was listed as "unavailable" for EB3. I asked the lawyer to send out the I485 this Monday (9/19)anyway. The lawyer told me even it was send out, it probably will be rejected because it's a EB3. Any hope that it can be accepted???

apreciate any suggestion or discussions!!!!