bluekayal
08-23 04:54 PM
Rest easy folks:
Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”
The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”
This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.
While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”
Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)
Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”
The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”
This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.
While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”
Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)
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McLuvin
10-22 09:47 AM
What is the average time frame for this whole process??
Lets say once the company approves for the porting process....
What is the average time involved for processing, PWD, adv., then perm filing/approval...
Anyone who had gone through and had experience.. pls share...
BR,
McLuvin
Lets say once the company approves for the porting process....
What is the average time involved for processing, PWD, adv., then perm filing/approval...
Anyone who had gone through and had experience.. pls share...
BR,
McLuvin
forgerator
12-10 03:58 PM
this is great news for EB3 ROW!
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
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GCwaitforever
04-30 10:56 AM
Those numbers can be misleading. USCIS does not count petitions pending under FBI Name Check as backlogged.
more...
diptam
12-10 01:39 PM
I've sent 7001 to Ombudsman , Contacted Congressional offices and ultimately filed a Service request in Nov 1st week. After all this NSC opened my case yesterday Dec 9th and the status changed to "RFE sent" - there you go ! They bought at least 2 months extra time.
What a bunch of jokers at NSC - my case was extremely straight forward :(
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
What a bunch of jokers at NSC - my case was extremely straight forward :(
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
tnite
07-19 10:27 AM
I was kind of oblivious and busy in my work since I applied labor �and was thinking everything will fall in place gradually..
I registered to this site today and just read this forum.. ..and �..simply freaking out �
My attorney applied my Labor in Nov 2006 (according to him) in Atlanta and I still don�t have any response �no audit �.nothing �.it is just in process�can u believe it?
� can I do something from my end �
I hope 140 and 485 is still not in retrogression state �. Do u guys know how long it will continue to be in this state�
You can ask your lawyer to send an email. I have read some cases in IV where after 90 days if the lawyer/employer sends ane email they respond with the status . why dont you try that?
I registered to this site today and just read this forum.. ..and �..simply freaking out �
My attorney applied my Labor in Nov 2006 (according to him) in Atlanta and I still don�t have any response �no audit �.nothing �.it is just in process�can u believe it?
� can I do something from my end �
I hope 140 and 485 is still not in retrogression state �. Do u guys know how long it will continue to be in this state�
You can ask your lawyer to send an email. I have read some cases in IV where after 90 days if the lawyer/employer sends ane email they respond with the status . why dont you try that?
more...
Raju
07-19 01:39 PM
I just contributed $100 in addition to my previous contributions. I posted the details on another thread.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
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johnamit
08-10 02:00 PM
nothing new but here it is:
source: http://www.murthy.com/news/n_notaug.html
Delays in Issuance of USCIS Receipt Notices - August 2007
Posted Aug 10, 2007
�MurthyDotCom
The USCIS has advised that, as of August 3, 2007, they have received a substantially higher than normal volume of filings. This comes as no surprise, as it is most likely related to the July 2007 Visa Bulletin filings. The volume of cases has created a "front log" of cases awaiting initial data entry and issuance of receipt notices. The USCIS advises that the receipt notice delays will not impact eligibility for change of status or extension of status. Cases will be treated as received on their actual receipt dates, even if the receipt notice is delayed. The actual date that the filing was received at the USCIS (receipt date) will appear on the I-797 receipt notice, in addition to a later issuance of the receipt notice (notice date).
�MurthyDotCom
Issuance of Receipt Notices at NSC and TSC
�MurthyDotCom
The USCIS has published updates with information about receipt notices and the order in which they will be issued. As of August 3, 2007, the Nebraska Service Center (NSC) had issued receipts for employment-based I-485s, I-131s, and I-140s filed on or before July 1, 2007. (Although July 1, 2007, is a Sunday, that is the date that was given by the USCIS.) NSC is issuing receipts for I-765s filed on or before July 2, 2007. The Texas Service Center (TSC) is reporting that it is issuing receipts for employment-based I-485s, I-131, and I-765s filed on June 26, 2007.
�MurthyDotCom
Murthy Law Firm Update and Suggestion
�MurthyDotCom
The USCIS plans to provide weekly updates on its issuance of receipt notices. As of last week, the Murthy Law Firm had received some I-485 receipt notices dated July 2, 2007. Those awaiting receipts should also see if their filing fee checks have been cashed. This confirms that the case was accepted for processing. A receipt number of the file / case can be found on the back of the check.
source: http://www.murthy.com/news/n_notaug.html
Delays in Issuance of USCIS Receipt Notices - August 2007
Posted Aug 10, 2007
�MurthyDotCom
The USCIS has advised that, as of August 3, 2007, they have received a substantially higher than normal volume of filings. This comes as no surprise, as it is most likely related to the July 2007 Visa Bulletin filings. The volume of cases has created a "front log" of cases awaiting initial data entry and issuance of receipt notices. The USCIS advises that the receipt notice delays will not impact eligibility for change of status or extension of status. Cases will be treated as received on their actual receipt dates, even if the receipt notice is delayed. The actual date that the filing was received at the USCIS (receipt date) will appear on the I-797 receipt notice, in addition to a later issuance of the receipt notice (notice date).
�MurthyDotCom
Issuance of Receipt Notices at NSC and TSC
�MurthyDotCom
The USCIS has published updates with information about receipt notices and the order in which they will be issued. As of August 3, 2007, the Nebraska Service Center (NSC) had issued receipts for employment-based I-485s, I-131s, and I-140s filed on or before July 1, 2007. (Although July 1, 2007, is a Sunday, that is the date that was given by the USCIS.) NSC is issuing receipts for I-765s filed on or before July 2, 2007. The Texas Service Center (TSC) is reporting that it is issuing receipts for employment-based I-485s, I-131, and I-765s filed on June 26, 2007.
�MurthyDotCom
Murthy Law Firm Update and Suggestion
�MurthyDotCom
The USCIS plans to provide weekly updates on its issuance of receipt notices. As of last week, the Murthy Law Firm had received some I-485 receipt notices dated July 2, 2007. Those awaiting receipts should also see if their filing fee checks have been cashed. This confirms that the case was accepted for processing. A receipt number of the file / case can be found on the back of the check.
more...
RNGC
06-24 09:44 AM
these were the kind of points I was looking for.....I will do this as my summer essay :) and share with IV when it is done.
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
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sheela
09-28 07:38 PM
[QUOTE=JunRN;175492]They are working overtime for it, hopefully 24 hours as well.
Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......
Let us hope like on july 2nd week-end (when they worked on sat-sun to make 60,000 visa numbers available and adjucated even when name checks were not cleared for many applicants) these guys are working the same way this weekend ......
more...
tikka
06-03 02:57 PM
http://immigrationvoice.org/forum/showthread.php?t=4730
People are asking for IV's position on various issues that affect them personally or asking IV to push A, B, C and D ...provisons. Everything depends on how much resources we can put to bare and collectively make an effort. This means, contributions from everyone , Phonecalls to Senators tomorrow onwards from everyone , Webfaxes from everyone , emails to all senators (from all IV members) and of course get as many members as you can to join this effort. We need overwhelming participation from each and every member if we really want to accomplish something big for everyone that takes care of all our interests.
People are asking for IV's position on various issues that affect them personally or asking IV to push A, B, C and D ...provisons. Everything depends on how much resources we can put to bare and collectively make an effort. This means, contributions from everyone , Phonecalls to Senators tomorrow onwards from everyone , Webfaxes from everyone , emails to all senators (from all IV members) and of course get as many members as you can to join this effort. We need overwhelming participation from each and every member if we really want to accomplish something big for everyone that takes care of all our interests.
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ras
10-17 04:23 PM
I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
I mentioned in this thread about the response that I got from ombudsman. So they would love to hear about the specific cases. In fact they would be more than willing to look into the specific cases. because that gives the strength to question USCIS.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
I mentioned in this thread about the response that I got from ombudsman. So they would love to hear about the specific cases. In fact they would be more than willing to look into the specific cases. because that gives the strength to question USCIS.
more...
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kaisersose
07-20 01:36 PM
The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
So if we have 150K BEC + 144K PERM, then in reality, the total 485 primary applicants will be < (150K + 144K).
More like 200K, I would think. Including spouses and foreign born kids, the number would be 400K (as not all primaries are married).
Add some more applicants from eb1, etc., who do not require Labors and the number should not exceed half a million in total including dependants. But again, we are speculating. In reality, the total may be less than half a million or more.
Assuming DOS and USCIS are efficient and use up all 140K visas each year, all of us should have GCs in < 4 years. The per country quota may cause some trouble, which may require adjusting the timeframe a little bit, but not much.
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GCBy3000
07-20 10:19 AM
Its all politics my dear. Dont take the votes as it is. All these are eyewash and most of it were decided even before they vote. Why you think they have minority and majoirty leader. Those are the key people along with certain key senators / congressmens.
Election is the major event which affects everyone in the senate or congress. First eveyone wants to please their constituents and win and retain their seat. This is the first and foremost priority than passing the SKIL bill at this time. Be practical and I myself will do the same if I were a politician.
Election is the major event which affects everyone in the senate or congress. First eveyone wants to please their constituents and win and retain their seat. This is the first and foremost priority than passing the SKIL bill at this time. Be practical and I myself will do the same if I were a politician.
more...
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nixstor
07-06 10:46 AM
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
I have reiterated this again and again. There is no way USCIS was going to accommodate all of us as per the original VB. We will form the biggest hump on the back of USCIS and it will probably 20 yrs for every one to come out of the system. Remember, how much math we did on how many years EB2 India /Eb3 india/china will take? Thats what they see as well. Why would they want so many applications backlogged. The only way they can disallow filings is by saying that there are no visa numbers available on day one. You have to have a visa number available at the time of 485 filing. They cleared out all the old PD's. Believe me, If the original bulletin was not current, they would have done the same in 90 days with some numbers gone waste. It was a bad situation for both agencies. I am not saying that they have not goofed up. they goofed up big time and I can clearly see the lack of communication on issue like this which effects so many people. We can use this as an opportunity to show case our root cause or we can use this in a detrimental way that will screw our nuts and bolts for 10 more years.
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ind_game
05-13 10:51 PM
� I-140 filed 05/04/2007
� I-140 approved 09/04/2007.
� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
� I-140 approved 09/04/2007.
� I-485 filed on 07/02/2007.
� Changed jobs on 07/14//2008 (after 1 year of pending I-485)
� Soft LUD on I-140 02/03/2009 (possible revocation of I-140 from my previous employer)
� got I-485 denial notice on 02/18/2009
� filed MTR on 02/27/2009
� MTR dismissed on 03/26/2009 (on the grounds that I-140 was denied on 09/04/2009)
� filed second MTR on 04/23/2009
� soft LUDs on the second MTR on 04/27/2009 and 04/28/2009
more...
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suriajay12
03-05 08:53 AM
Who knows, maybe Obama is preparing for CIR 2009 now. Before CIR he maybe planning to push all legal EB cases. Remember July 2007 fiasco happened in the backdrop of CIR 2007.
My guess.
My guess is , The new president appears to be strict. So his question to the department very soon will be "What the heck you've been doing with all these cases not touched so far. So they want to do their part even before the big boss asks them. So that way the only issue will be lack of numbers, else everything is ready and look, we did our job. We're very efficient :)
My guess.
My guess is , The new president appears to be strict. So his question to the department very soon will be "What the heck you've been doing with all these cases not touched so far. So they want to do their part even before the big boss asks them. So that way the only issue will be lack of numbers, else everything is ready and look, we did our job. We're very efficient :)
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GC_sufferer
07-06 08:53 AM
Looks like she changed the Article title in NYT.
The initial one is "Agency Mix-Up Denies Applicants Green Cards", and now "Suit Planned Over Visas for the Highly Skilled".
The initial one is "Agency Mix-Up Denies Applicants Green Cards", and now "Suit Planned Over Visas for the Highly Skilled".
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pappu
09-12 05:24 PM
/\/\/\
gc_dedo
04-30 02:51 PM
working for me
I check the option in Real Player
Tools -> Preferences -> Connection-> Network Transport-> Use specific UDP ports
I check the option in Real Player
Tools -> Preferences -> Connection-> Network Transport-> Use specific UDP ports
Green.Tech
06-09 06:34 PM
This thread falls off the radar so quickly and other threads with EAD, AP, H-1B etc. keep popping up every second. I know all those things are important as well but if you pause and think about the big picture, this funding drive is very important as well. So, please buck up and contribute! :)
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