EB2 Denial to EB3 Refile

[srig28]

My EB2 I140 got denied in 2008 for 3 years degree and our appeal in process to consider 3+2 plus 5 years post Masters experience. If this doesn't get approved, will it be possible to refile this EB2 labor in EB3 Category. Thanks for your inputs

 

[Justin Kane]

Yes, you definitely should. File a 1040-X to claim make the return Married Filing Jointly and with your son as a dependent. It may be give you an additional refund for 2007 and will make them eligible for the stimulus as well. I don't know if you will get the stimulus automatically this year. If not, you will get their contribution to the stimulus next year when you do your taxes since there is a stimulus reconciliation in next year's taxes to make sure everybody got what they should have.