DREAM Act Portal Forum - D/S (Duration of Status) and 3/10 year bar

I found this article online that basically says that for overstayers with unspecified date on their I-94 (ie: D/S or Duration of Status), unlawful presence does not start to accrue unless an immigration judge declares that the person is unlawfully present in the United States. Can anyone confirm this? And what does that mean in terms of 'Change of Status' to an F1 or H1?
My I-94 has D/S in the Expire Date field.

Quote:

A foreign national is unlawfully present in the U.S. if he or she is either present after the expiration of the period of stay authorized by the immigration inspector at the time of entry, or is present without being admitted or paroled.

On the other hand, out-of-status means that a foreign national has violated one of the rights or restrictions that are accorded a previously valid status. For instance, an F-1 student who drops out of school is out-of-status. However, a foreign national with a valid I-94 will not start accruing unlawful presence until an immigration judge or the USCIS makes a determination that the foreign national is out of status.

Source: http://www.visapro.com/Immigration-A...s/?a=1484&z=46