USA CITIZEN APPLY TIER 1 IN NYC, MAINT, EARN, XCHNGE RT QUES

[DLAM]

i applied for tier 1 visa in sept 2008 and was denied b/c they did not accept maintenance funds showing in a roth ira that was a cd and not a checking or savings account - really, that was my fault, and i thought if i showed that i could withdraw the funds every month, which i did, right out of roth ira, like a savings ac that it would be ok = wasnt
ive waited 4 months and now reapplying

what also really bothered me is that NONE of my original tax documents or degrees (ba and JD) paperwork was returned to me...
and
they questioned and did not count ANY of my earnings, i had a signed official letter from payroll from my company on letterhead and 3 years of tax returns = they did not accept any of these documents bc they claimed that the amount of income i submitted for did not match up = ok, even if that IS true, does it make any sense that this category was totally
not counted - at all??? at a minimum why didnt they say, ok, this may not verify Z amount but it does, at a min, verify X amount = why was i given no credit at all?

i have read and re read guidance but a few outstanding ques

ques

(1) INCOME:
if my base for 12 month period BEFORE i went full time law school for 3 years is = hypothetically say 70K and my bonus is 30K but 40% of my bonus went straight into a 401k = does the consulate accept proof of earnings of the bonus?
OR does only *taxable* income count in the calculation?

(2) INCOME:
what exchange rate do i use for that 12 month period, lets say its aug 04-aug 05? what average exchange rate should i use?

(3) MAINT FUNDS:
to apply in USA you need to show 2800 GBP for 3 months consistently = at WHAT exchange rate? does the current exchange rate count?
the exchange rate has FLUCTUATED DRAMATICALLY from sept to dec 2008.

(4) MBA v. JD (rcvd in USA accredited university)
i just graduated law school in usa october 2008, from a policy standpoint, WHY do MBA's get 75 points under tier 1 for approved schools *****when it only takes 2 years to get an mba in the usa???
meanwhile, it takes 3 years to get a JD (law degree) which is FAR higher than a masters or mba (as far as schooling) and the 3 year JD only counts as a masters with 35 points?????
from a policy standpoint, i really do not think this is fair and was so extremely frustrated when i was denied in september bc MBA's have been getting these types of visas automatically for years and that is only a 2 year degree
why doesnt a JD count as a PHD or as a MBA?

(5) INCREASE IN REJECTION RATE IN LAST 2 MONTHS???
UK economy is in a downturn - a serious downturn with millions of people being laid off.............. has it become even more difficult to get these visas in the last 2 months (nov and dec 2008) = that is, is the denial/rejection rate skyrocketing due to protectionist policies?
i have no idea - but i do know when a country's economy is in big trouble , immigration can look for any odd excuse to deny a visa bc they need to protect jobs for their home country unemployed
PLEASE be honest
the cost of visa application is 1200 nonrefundable
the cost of having someone assist is 2000-40000 usd

MANY MANY MANY THANKS to this forum and to both applicants and experts
tier 1 visa's are not straightforward, it is a very detail oriented process and these forums help
many of us cannot afford experts to the tune of 2,000 to 4,000 usd on top of a nonrefundable app fee of 1200

many many thanks

[push]

1) INCOME:
if my base for 12 month period BEFORE i went full time law school for 3 years is = hypothetically say 70K and my bonus is 30K but 40% of my bonus went straight into a 401k = does the consulate accept proof of earnings of the bonus?
OR does only *taxable* income count in the calculation?

If your salary slips show your gross salary including the bonus, net salary and the net salary tallies with the entries in the bank statements you need not worry. It is the gross salary which is taken into consideration while deciding the earnings for salary/points band.

If your salary slips do not show your Gross salary iincluding the said bonus then I would advise you to ditch the salary slips and get a cirtificate from the employer which shows monthly salalry (with break-up) showing Gross Salary including bonus , deductions, net salary, dates credited to salary account etc. (preferrably in a tabulated form).If bonus was awrded in the year end, it could be shown as a separate item in the above table. It would be a good idea for you to get your salary account details included in the letter.

(2) INCOME:
what exchange rate do i use for that 12 month period, lets say its aug 04-aug 05? what average exchange rate should i use?

An applicant should use the closing spot exchange rate on the OANDA website at http://www.oanda.com/convert/classic on the last day of the period for which he/she has claimed earnings in that currency

((3) MAINT FUNDS:
to apply in USA you need to show 2800 GBP for 3 months consistently = at WHAT exchange rate? does the current exchange rate count?
the exchange rate has FLUCTUATED DRAMATICALLY from sept to dec 2008.

Date on which you get the Bank Statement in support of maintenance funds criteria

((4) MBA v. JD (rcvd in USA accredited university)
i just graduated law school in usa october 2008, from a policy standpoint, WHY do MBA's get 75 points under tier 1 for approved schools *****when it only takes 2 years to get an mba in the usa???
meanwhile, it takes 3 years to get a JD (law degree) which is FAR higher than a masters or mba (as far as schooling) and the 3 year JD only counts as a masters with 35 points?????
from a policy standpoint, i really do not think this is fair and was so extremely frustrated when i was denied in september bc MBA's have been getting these types of visas automatically for years and that is only a 2 year degree
why doesnt a JD count as a PHD or as a MBA?

The MBA provision no longer exists in Tier -1.

((5) INCREASE IN REJECTION RATE IN LAST 2 MONTHS???
UK economy is in a downturn - a serious downturn with millions of people being laid off.............. has it become even more difficult to get these visas in the last 2 months (nov and dec 2008) = that is, is the denial/rejection rate skyrocketing due to protectionist policies?
i have no idea - but i do know when a country's economy is in big trouble , immigration can look for any odd excuse to deny a visa bc they need to protect jobs for their home country unemployed
PLEASE be honest

I would not say its true. If your application is watertight, there is no reason that it will get rejected. If the Government feels the heat they might as well scrap the scheme or put some other kind of cap.

[DLAM]

honestly that advice is invaluable and i cannot thank you enough
for those others going through the process, push is an unbelievable resource - thank you thank you thank you!!
hope your new year treats you well
you have been unbelievably helpful

[push]

A clarification on MBA related point above:

This provision is being removed under Tier 1 (General) of the points based system, but the MBA Transitional Arrangements will continue for applicants who enrolled on an eligible MBA course prior to 30 June 2008 only, and submit their application within 12 months of completing a qualifying MBA.

You are being too generous mate. I just pick-up info from this forum only and post it. So the credit should go to the board members only who provide invaluable info through asking questions and by sharing their experiences.

Have a great year ahead and all the best with your application.