This seems to be a controversial area, and even lawyers hold different views about this. This is also made more complicated by the relatively newly introduced SEVIS system. Even in the article from attorney Fan's firm, it is not a clear-cut conclusion. The Congress is the law maker, and the CIS has some authority to interprete the laws (for example, the concurrent filing of 140 and 485 was not allowed previously, but was a new rule by CIS) It depends on how the CIS handles this. If it is not allowed, why do they approve some petitions. Theoretically, they shouldn't.A single lawyer's view can't be hold as a rule, and it finally depends on the CIS. Anyhow, it is a not clearly defined area.