Applied from USA. Got rejected. Need help

[chikisdreams]

Hi,

I applied at USA, Chicago for tier-1 visa. The application was rejected with a reason that the W-2 (tax) form covers the period 1 Jan 2008 to 31 Dec 2008, but the application period is 1 Mar 2008 to 28 Feb 2009.

The Officer has not awarded any points stating this as the reason. But, I think i should be eligible even if he considers the past 10 months for which the W-2 form is provided.

Points claimed for previous earnings are 45.
For twelve months: The total earning (Mar 2008 - Feb 2009) is 60000$ ~ 42000 Pounds. - i.e 45 Points. Leading to total of 95 points
For ten months: The total earning (Mar 2008 - Dec 2008) is 50000$ ~ 35500 Pounds. - i.e 40 points. Leading to total of 90 points.

But the officer awarded me only 0 points for this section hence getting my visa rejected. Can any one help me if an appeal can be made and the possibility of considering my case?

Thanks for all the assistance!!

[LankanFunkin]

Did you work at the same employer prior to Mar 08?

If yes, then maybe the numbers of the two pieces of evidence do not match up. Unless the break down has changed, the W-2 discloses the total amount of wages / taxes for the year - in this case Jan 08 - Dec 08 - and is not a month by month break out (do correct me if I am wrong). I'm assuming that the other piece of evidence you submitted were either monthly pay slips, or bank statements, but I assume you submitted records from Mar 08 - Feb 09. Thus when the visa officer tries to match your earnings numbers from Mar 08 - Dec 08 on your payslips/bank statement, the number does not match up with the total appearing on your W-2.

Perhaps a way around this is to not submit a W-2, but instead submit the bank statements AND your payslips as evidence.

[push]

Hi,

I applied at USA, Chicago for tier-1 visa. The application was rejected with a reason that the W-2 (tax) form covers the period 1 Jan 2008 to 31 Dec 2008, but the application period is 1 Mar 2008 to 28 Feb 2009.

The Officer has not awarded any points stating this as the reason. But, I think i should be eligible even if he considers the past 10 months for which the W-2 form is provided.

Points claimed for previous earnings are 45.
For twelve months: The total earning (Mar 2008 - Feb 2009) is 60000$ ~ 42000 Pounds. - i.e 45 Points. Leading to total of 95 points
For ten months: The total earning (Mar 2008 - Dec 2008) is 50000$ ~ 35500 Pounds. - i.e 40 points. Leading to total of 90 points.

But the officer awarded me only 0 points for this section hence getting my visa rejected. Can any one help me if an appeal can be made and the possibility of considering my case?

Thanks for all the assistance!!

It wont work because the Guidelines clearly state that they would not pro-rate/interpolate your earnings based on supporting documents. In your case the case worker had no means of verifying that you actually earned GBP 35500 in ten months (they need two mutually corroborating pieces of documents).

[republique]

Hi,

I applied at USA, Chicago for tier-1 visa. The application was rejected with a reason that the W-2 (tax) form covers the period 1 Jan 2008 to 31 Dec 2008, but the application period is 1 Mar 2008 to 28 Feb 2009.

The Officer has not awarded any points stating this as the reason. But, I think i should be eligible even if he considers the past 10 months for which the W-2 form is provided.

Points claimed for previous earnings are 45.
For twelve months: The total earning (Mar 2008 - Feb 2009) is 60000$ ~ 42000 Pounds. - i.e 45 Points. Leading to total of 95 points
For ten months: The total earning (Mar 2008 - Dec 2008) is 50000$ ~ 35500 Pounds. - i.e 40 points. Leading to total of 90 points.

But the officer awarded me only 0 points for this section hence getting my visa rejected. Can any one help me if an appeal can be made and the possibility of considering my case?

Thanks for all the assistance!!

It is unfortunate, because I submitted a w-2 too but I also submitted my contract, and payslips so I think that was enough to understand what I got on a monthly basis.

[chikisdreams]

Hi,

I applied at USA, Chicago for tier-1 visa. The application was rejected with a reason that the W-2 (tax) form covers the period 1 Jan 2008 to 31 Dec 2008, but the application period is 1 Mar 2008 to 28 Feb 2009.

The Officer has not awarded any points stating this as the reason. But, I think i should be eligible even if he considers the past 10 months for which the W-2 form is provided.

Points claimed for previous earnings are 45.
For twelve months: The total earning (Mar 2008 - Feb 2009) is 60000$ ~ 42000 Pounds. - i.e 45 Points. Leading to total of 95 points
For ten months: The total earning (Mar 2008 - Dec 2008) is 50000$ ~ 35500 Pounds. - i.e 40 points. Leading to total of 90 points.

But the officer awarded me only 0 points for this section hence getting my visa rejected. Can any one help me if an appeal can be made and the possibility of considering my case?

Thanks for all the assistance!!

It wont work because the Guidelines clearly state that they would not pro-rate/interpolate your earnings based on supporting documents. In your case the case worker had no means of verifying that you actually earned GBP 35500 in ten months (they need two mutually corroborating pieces of documents).

Hi push_hsmp,

I have also submitted bank statements for the period March 2008 to Feb 2009 which clearly states the earnings every month. So it can be possible to calculate the earnings for the 10 months of 2008 in bank statement and match it with the value in W-2 form submitted. Do you think that this could work?

Thanks!!

[LankanFunkin]

Do you think that this could work?

Not unless your W-2 also says you made the amount made from Mar 08 - Dec 08, exactly. The numbers need to match, and the visa officer is not going to do any calculations besides basic addition. See my post above.

[mitrkk]

for the same period you should submit the corresponding paystubs along with your bank statements...

[chikisdreams]

Do you think that this could work?

Not unless your W-2 also says you made the amount made from Mar 08 - Dec 08, exactly. The numbers need to match, and the visa officer is not going to do any calculations besides basic addition. See my post above.

Hi LankanFunkin,

I have arrived to USA in March 2008. Hence the total earnings shown in W-2 form is equal to the sum of the salary deposited in my account for the period march 2008 to december 2008. So there is no doubt that this would match.

The only question I have is that the Tier-1 Visa guidence document states that the Tax document should cover the entier period for which the points are claimed. Now that the tax document covers 10 months (MAr 2008 to Dec 2008) which itself is sufficient for total points that i need to get thru, can I raise an appeal or administrative review on this point?

Appreciate any help!!

[mitrkk]

I know you havent addressed me ur question ...but I thought I will answer anyway..

Points claimed for previous earnings are 45.
For twelve months: The total earning (Mar 2008 - Feb 2009) is 60000$ ~ 42000 Pounds. - i.e 45 Points. Leading to total of 95 points

Since you are claiming point for the period ( Mar 2008 - Feb 2009 ), you SHOULD show proof for the months Jan and Feb 2009..which ur tax documents did not cover ...

also, once rejected, I guess you have to make a new application...

[LankanFunkin]

I have arrived to USA in March 2008. Hence the total earnings shown in W-2 form is equal to the sum of the salary deposited in my account for the period march 2008 to december 2008. So there is no doubt that this would match.

The only question I have is that the Tier-1 Visa guidence document states that the Tax document should cover the entier period for which the points are claimed. Now that the tax document covers 10 months (MAr 2008 to Dec 2008) which itself is sufficient for total points that i need to get thru, can I raise an appeal or administrative review on this point?

Ok, in that case, this is an odd scenario. If the W-2 matched the other evidence for Mar-Dec 08 income, then out of courtesy you'd think the visa officer would have done the math and awarded you points for that income. If you have the time, I'd say appeal.

PM me your email address. I had a slightly similar situation when I first applied for my HSMP. I had an agency handle my application, and I can perhaps share with you appeal letter they wrote (end resultwas a success).

[push]

I do not want to discourage you but I will be a bit sceptical here because:

(1) Case workers cant be bothered to do calculations on their own. They see two separate pieces of evidences as provided for the claim period and if the two do not match, they reject the application. Whatever is claimed should be evident from the supporting documents provided.

(2) How do you expect the Case Worker to know that you came to US in March? Now dont say that he should have looked at your H1 B or other US VISA - this is not tenable. I mean based just on W-2, how would the Case worker ascertain that the earnings claimed belong to March-Dec and not to Jan-Dec Period.

If you have an answer for the above questions and you think that the documents you provided did cover the points above then you have fair chances.

[republique]

I have arrived to USA in March 2008. Hence the total earnings shown in W-2 form is equal to the sum of the salary deposited in my account for the period march 2008 to december 2008. So there is no doubt that this would match.

The only question I have is that the Tier-1 Visa guidence document states that the Tax document should cover the entier period for which the points are claimed. Now that the tax document covers 10 months (MAr 2008 to Dec 2008) which itself is sufficient for total points that i need to get thru, can I raise an appeal or administrative review on this point?

Ok, in that case, this is an odd scenario. If the W-2 matched the other evidence for Mar-Dec 08 income, then out of courtesy you'd think the visa officer would have done the math and awarded you points for that income. If you have the time, I'd say appeal.

PM me your email address. I had a slightly similar situation when I first applied for my HSMP. I had an agency handle my application, and I can perhaps share with you appeal letter they wrote (end resultwas a success).

bahaha bahaha
customer service from the HO?
the tax office can barely acknowledge payments made to them
you think the ho is going to do any extrapolations in a calculation

[LankanFunkin]

(1) Case workers cant be bothered to do calculations on their own. They see two separate pieces of evidences as provided for the claim period and if the two do not match, they reject the application. Whatever is claimed should be evident from the supporting documents provided.

I know - dont expect much! I figure its worth a shot though. I had a slightly similar situation when I appliedformy HSMP in Dec 06 (just as the new points based system came into play), and the agency handling my application won on an appeal

(2) How do you expect the Case Worker to know that you came to US in March? Now dont say that he should have looked at your H1 B or other US VISA - this is not tenable. I mean based just on W-2, how would the Case worker ascertain that the earnings claimed belong to March-Dec and not to Jan-Dec Period.

Chikisdreams, did you point this out in your cover letter? And just to confirm, does the amount on your W-2 equal (to the last cent) the sum of your paychecks/bank statement salary income from Mar - Dec 08?

[LankanFunkin]

bahaha bahaha
customer service from the HO?
the tax office can barely acknowledge payments made to them
you think the ho is going to do any extrapolations in a calculation

Send them a basket of Easter eggs?

[maheshnair]

Hi,

I applied at USA, Chicago for tier-1 visa. The application was rejected with a reason that the W-2 (tax) form covers the period 1 Jan 2008 to 31 Dec 2008, but the application period is 1 Mar 2008 to 28 Feb 2009.

The Officer has not awarded any points stating this as the reason. But, I think i should be eligible even if he considers the past 10 months for which the W-2 form is provided.

Points claimed for previous earnings are 45.
For twelve months: The total earning (Mar 2008 - Feb 2009) is 60000$ ~ 42000 Pounds. - i.e 45 Points. Leading to total of 95 points
For ten months: The total earning (Mar 2008 - Dec 2008) is 50000$ ~ 35500 Pounds. - i.e 40 points. Leading to total of 90 points.

But the officer awarded me only 0 points for this section hence getting my visa rejected. Can any one help me if an appeal can be made and the possibility of considering my case?

Thanks for all the assistance!!

Hi chikis,

I am a master of "rejections" . I mean my applications was rejected a lots of time just because i also assumed things like you long back.

If my name is not there in Birth certificate , My mothers name and dads name is there . So they can make out it is ME . etc etc . When i called them to ask the same thing . They just told me how to prove it is my BC .It could my twins ? They are correct . I should have got it notorized....

Rejections have only made me perfect to adhere 100% to what guidance say ..100 % what it says ...... even if you feel the logic in guidance is wrong . follow it .... If the guidance says in the photo u need to shave half of ur mostache ...Just do it ...

So dont assume that HO will be kind enough and they will do things as u like and not as per guidance ...