I came to US on J-1 with D/S on I-94. After completion (J-1 expired) started working; employer filed LC approved 11/05. I-485 filed 7/07. At interview in 12/09 officer said she needed to see how I maintained status after 2002. My lawyer submitted a resolution:
5 Bender's Immigr. Bull. 290 (excerpt)
(B) Nonimmigrants Admitted Duration of Status (D/S). Nonimmigrants admitted to the US for D/S begin
accruing unlawful presence on the date the Service finds a status violation while adjudicating […] or on the date an immigration judge finds a status violation in the course of proceedings.
I have I-131 and am not certain if I may travel. Can USCIS start calculating illegal stay after my return? So far it appears status was ok else (per my lawyer) I would have received rejection notice by now.