Do I have a case for WOM?retrogression due to name check

[clark204]

Hey all
Details:EB3 India
I-140 and I-485 filed concurrently under schedule A in sept 2005
Got 1st EAD oct 2005
I-140 approved in 2005
RFE rcvd and sent in april 2006
Had to go for biometrics 3 times since and renewed EAD 4 times
applied for AP in jan 2009 and awaiting approval
As per FBI report,spouse's came back as finalized in sept 2005,mine was held up and finally finalized in oct 2007 (due to a spelling error in my name).
Now our application has been 'suspended' secondary to non-availability of visa #s as per USCIS.
Is there any way of finding out if our PDs were current in oct 2007?
I am I again looking at a further 4 year wait?
If the PDs were current in 2007,do I case for WOM?
Many of you can understand the frustration that goes with situations like this esp when an error on some other agency's part(maybe FBI here)has costed you in every which sense
Please do advise
Thank you

 

[Jackolantern]

Your PD must be current at the time you file WOM, or it will fail. WOM is to compel them to decide your case in a timely manner. If a visa number is not available to you, they can't approve it now even if they want to. So the only things that can result from filing WOM when your PD is not current is that they'll deny the I-485 (it can be denied at any time without regard to visa numbers), or dismiss your WOM lawsuit.