Can I file WOM if PD is not current

[waiting_aos]

My PD will be retrogressed again in October.
I'm stuck in Name check for 3 years already, since Sep 2004.
I explored all the possible venues to resolve my NC. The only thing that is left is to file WOM.

I'm going to file myself, however I need to know what will be the results if my Priority Date is not current? Will the case be dismissed because there is no visa # available for me?

Have you heard of anybody who filed WOM with PD not current?

I appreciate any answer, please share your thoughts.

 

[Madison04]

Yeah, it's tough. That's good ammunition for US attorneys when they file Motion to Dismiss. I can't say it is impossible though. You'd better go check that monster lawsuit thread in the citizen forum. They should know better.