Narrative:

Early morning takeoff out of airport underlying new york's class B airspace. Could not pick up clearance while on ground so departed VFR and got a hold of new york approach through or possibly prior to reaching 2000 ft. New york answered with a squawk code, but had not cleared us through class B yet. The captain continued climb to 4000 ft when new york approach alerted us that we were already in their airspace. Approach then gave us an altitude and our clearance. It had been a long day and it was early am. There's also a lot going on as far as responsibilities go in the cockpit in a jet as fast as the lear. As copilot, I was trying to contact new york, run checklists, navigation, and assist the captain all at the same time. When we realized we were in new york's airspace, we immediately took corrective action to stop climbing. Apparently, the captain also thought that since new york had acknowledged us and given a squawk code that we were okay, when in fact, we had not been given an assigned altitude yet or clearance through class B. I guess there was some confusion as to exactly when you are not considered VFR, rather on an active IFR flight plan.

Google
 

Original NASA ASRS Text

Title: CAPT OF A LEARJET, LR24, CLBED INTO CLASS B AIRSPACE WITHOUT CLRNC AFTER APCH CTL ASSIGNED A XPONDER CODE DURING A VFR DEP IN WHICH THE FO HAD REQUESTED AN IFR CLRNC.

Narrative: EARLY MORNING TKOF OUT OF ARPT UNDERLYING NEW YORK'S CLASS B AIRSPACE. COULD NOT PICK UP CLRNC WHILE ON GND SO DEPARTED VFR AND GOT A HOLD OF NEW YORK APCH THROUGH OR POSSIBLY PRIOR TO REACHING 2000 FT. NEW YORK ANSWERED WITH A SQUAWK CODE, BUT HAD NOT CLRED US THROUGH CLASS B YET. THE CAPT CONTINUED CLB TO 4000 FT WHEN NEW YORK APCH ALERTED US THAT WE WERE ALREADY IN THEIR AIRSPACE. APCH THEN GAVE US AN ALT AND OUR CLRNC. IT HAD BEEN A LONG DAY AND IT WAS EARLY AM. THERE'S ALSO A LOT GOING ON AS FAR AS RESPONSIBILITIES GO IN THE COCKPIT IN A JET AS FAST AS THE LEAR. AS COPLT, I WAS TRYING TO CONTACT NEW YORK, RUN CHKLISTS, NAV, AND ASSIST THE CAPT ALL AT THE SAME TIME. WHEN WE REALIZED WE WERE IN NEW YORK'S AIRSPACE, WE IMMEDIATELY TOOK CORRECTIVE ACTION TO STOP CLBING. APPARENTLY, THE CAPT ALSO THOUGHT THAT SINCE NEW YORK HAD ACKNOWLEDGED US AND GIVEN A SQUAWK CODE THAT WE WERE OKAY, WHEN IN FACT, WE HAD NOT BEEN GIVEN AN ASSIGNED ALT YET OR CLRNC THROUGH CLASS B. I GUESS THERE WAS SOME CONFUSION AS TO EXACTLY WHEN YOU ARE NOT CONSIDERED VFR, RATHER ON AN ACTIVE IFR FLT PLAN.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.