The answer is you have violated the terms of your status and would not be likely to maintain valid no immigrant status for purposes of submitting an application to change of extend status. Please be mindful that the answer being provided is based on the information that you at submitting and that this response cannot be taken as legal advice. My recommendation is that you seek the services of a competent attorney who can sit with you, review your case and provide answers to your questions. However, this is a common question which if often misunderstood. For purposes of submitting a request to change or extend non immigrant status you must be validly maintaining non immigrant status at the time the application is filed. Submitting an I-589 does not accomplish that even of the I-589 was filed before the expiration of your I-94. The moment that you submitted the I-589, you are permitted to remain in the US with authorization to await a final determination on your application for asylum. But at the same time, you are no longer validly maintaining non immigrant status once your Form I-94 expired. Yes it is complicated and sure as heck, it makes absolutely no sense. But if it did, immigration attorneys everywhere would be out of a job. So as I said above, go and schedule an appointment with someone in your area who can review your case and give you answers to your questions. Good luck.
Answered on Sep 13th, 2012 at 10:09 PM