No, you're not out of status. You're in a valid status
while AOS is pending.
You do however need an EAD to work legally if you're
not on an H1b. If you are working on an EAD and it has
expired, you are working illegally. You can get an interim
EAD permit issued from a local INS office, just to get you legal
again.
But this doesn't affect your status of being here in the country.