PRIORITY DATE RETRIEVAL

[MOFENG]

Hello,

I have a question about my priority date retrieval process.

My employer told me that my I-140 application for EB-2 NIW was approved in December 2019.

And today I received an ETA Form 9089 and HR told me it requires my signature and review for filling. According to my research, I am assuming they are trying to degrade my application from EB-2 to EB-3 since the waiting period is shorter.

However, For Section A.1 of this form, the question is – are you seeking to utilize the filing date from a previously submitted application for Alien Employment Certification (ETA 750)

My attorney answered this question as NO.

I just wanted to confirm that this information is correct to retrieve my previous filed priority date. 

Thank you for your help.