We are applied to Federal Immigration in February. We sent the papers to Buffalo , but they sent us back it. They needed proof of our English proficiency. Our native language is not English. Now we are waiting for date of IELTS exam. But during this time we found out about PNP and we want to apply there. In the first case, my wife is principal, but in second case I want to be a principal. The problem is that we are in USA now and I'm out of the legal status. Should I apply or is wasting money in my case? The lawyer, who helps me, says that status is not important, because if you have sponsor , status doesn't mean anything. Who is right?
Thank you for help in advance.

You seem to have got yourself into a quagmire, trying to do things or three at once is a nightmare. Make up your mind under which class you qualify for by taking the online assessment, and go from there.

No wonder forms get sent back !

I know that when we applied for change of status from B1 to H1B we were legally allowed to be out of status in the U.S. for up to 180 days while it was being processed. So our B1s expired but as we had a pending case we didn't need to leave. BUT I'd be surprised if you would be allowed to stay if you do not have a change of status in place - ie you are leaving the U.S. not changing to another employer or another type of visa. I would be very wary. A good website I used is http://www.murthy.com/ as this site has tons of legal advice on U.S. visas, a newlsetter and also they have live question and answer sessions - it may be worth just dropping a line and checking for sure.

Hope it's a help

P.S. I've just noticed that they also have a forum so you could try posting on there too!