Yes, you get EIC if he is your dependent. If your $41K AGI is all earned income, that's about $900 EIC. The above answer has been revised to reflect that.
(Revised 5-18-21) There's an obscure special rule: You may claim EIC on a child who is not your dependent, if the only reason, for not being a dependent, is that he provided more than half his own support. You will get the EIC even if he claims himself.
