EB2 Denial to EB3 Refile

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 doesnt get approved, will it be possible to refile this EB2 labor in EB3 Category. Thanks for your inputs

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 dont 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 years taxes to make sure everybody got what they should have.

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Concurrent filed I-140 to be processed only when I-485 processing dates is reached? Any more news about change in AC21? I-140 processing time in TSC It this Receipt Date or Notice Date EB2 October 2002 and Later Please post here	denied 140!!!! Two questions about I140 approval msg on-line No PD in my 140 Anybody waiting for finger print notice in Atlanta? "All praises to The Gracious" got evrything approved after NOID