1. if you filed WOM BEFORE visa retrogression, then you may argue that they should take the blaming for delay.
2. Even though, there is little chance for forcing for visa for 2 reasons: a. no succeeded case so far b. agency discretion to set the visa bullutin, hard to argue that
so you have to choice for that: 1. negotiate with AUSA to hold the case until your visa become current
2. if possible, file EB1, and hope it get approved soon and re-link I485