panduranga
Registered Users (C)
Friends,
I filed my I140 in the NIW category in September end at the VSC and received an RFE in the middle of November on my NIW case.Will you kindly have a look at these questions and offer your valuable inputs. Also, how bad is this RFE?
Comment 1:
The record establishes that the beneficiary possesses an advanced degree in evironmental engg. and the beneficiary is eligible for consideration for a NIW in this field since it has substantial intrinsic merit and benefits the nation. But the record does not persuasively eastablish how the national interest will be adversely affected if a labor certification were required for the beneficiary. The beneficiary is being lumped as an environmental engineer but the expertise are in wastewater management. This appears to be a specialized segment that can easily be articulated in a labor certificate. The records indicate that the beneficiary's unique skills cannot be articulated in labor certification but this unique qualification can be articulated on the labor certificate to test the labor market to determine if there is a US worker with the qualifications for this position
Response:
I am confused that if I am an expert in wastewater management, why wouldn't I be an evironmental engineer? Anyone has any suggestions on this one
Comment 2:
The record indicates that the beneficiary has a patent. But the record does not indicate that a patent was granted to the beneificary.
Response:
You have overlooked it as I did submit a copy of my patent through my attorney
Comment 3:
US Patent Office issues several patents. Whether patent is used or not helps to decide if the patent is having any impact on the field or not. There seems to be some interest in this patent. Submit evidence that this invention is being used in wastewater industry or if there has been inquiries made in this regard
Response; Got 2-3 general inquiries. One invitation from a wastewater treatment plant to set up a pilot plant on this invention.
Comment 4: Who is the real inventor of this patented technology since it appears that the technology has been an application of a concept applied in the environmental field
Response: The invention is an application of a scientific principle on which the scientist and his student got nobel prize!! So yes, it is an application of a scientific phenomenon but that is what technocrats are supposed to do, tailor a scientific phenomenon to invent a technical solution
Comment 5: On citations as a measure of the impact the work is having in the field
Response: Unfortunately not too many. Only 5 citations of which 3 by successive students in my group.
Comment 6: Lastly, the record does not indicate that the beneficiary has a past history of achievement that has significantly influenced the field of endeavor in wastewater treatment. The scholastic achievements are commendable but they do not show if they have influenced the field of endeavor.
Response: Again, I am very confused.
Looking forward to your comments. Thanks NIW - Nov04 for your suggestions. I have made note of them.
I filed my I140 in the NIW category in September end at the VSC and received an RFE in the middle of November on my NIW case.Will you kindly have a look at these questions and offer your valuable inputs. Also, how bad is this RFE?
Comment 1:
The record establishes that the beneficiary possesses an advanced degree in evironmental engg. and the beneficiary is eligible for consideration for a NIW in this field since it has substantial intrinsic merit and benefits the nation. But the record does not persuasively eastablish how the national interest will be adversely affected if a labor certification were required for the beneficiary. The beneficiary is being lumped as an environmental engineer but the expertise are in wastewater management. This appears to be a specialized segment that can easily be articulated in a labor certificate. The records indicate that the beneficiary's unique skills cannot be articulated in labor certification but this unique qualification can be articulated on the labor certificate to test the labor market to determine if there is a US worker with the qualifications for this position
Response:
I am confused that if I am an expert in wastewater management, why wouldn't I be an evironmental engineer? Anyone has any suggestions on this one
Comment 2:
The record indicates that the beneficiary has a patent. But the record does not indicate that a patent was granted to the beneificary.
Response:
You have overlooked it as I did submit a copy of my patent through my attorney
Comment 3:
US Patent Office issues several patents. Whether patent is used or not helps to decide if the patent is having any impact on the field or not. There seems to be some interest in this patent. Submit evidence that this invention is being used in wastewater industry or if there has been inquiries made in this regard
Response; Got 2-3 general inquiries. One invitation from a wastewater treatment plant to set up a pilot plant on this invention.
Comment 4: Who is the real inventor of this patented technology since it appears that the technology has been an application of a concept applied in the environmental field
Response: The invention is an application of a scientific principle on which the scientist and his student got nobel prize!! So yes, it is an application of a scientific phenomenon but that is what technocrats are supposed to do, tailor a scientific phenomenon to invent a technical solution
Comment 5: On citations as a measure of the impact the work is having in the field
Response: Unfortunately not too many. Only 5 citations of which 3 by successive students in my group.
Comment 6: Lastly, the record does not indicate that the beneficiary has a past history of achievement that has significantly influenced the field of endeavor in wastewater treatment. The scholastic achievements are commendable but they do not show if they have influenced the field of endeavor.
Response: Again, I am very confused.
Looking forward to your comments. Thanks NIW - Nov04 for your suggestions. I have made note of them.