H-1B

[max]

I have got a petition approval for H1B working visa. But I still have not expired F-1 student visa in my passport. When I was in Moscow not so long ago I was trying to get my H1B visa stamp in the passport but they schedule my interview on the day which was too late for me for many reasons. So I flied to US with my old student visa F-1 (and I-20). Can you please answer me am I legal in US now and how I will be penalized for this illegal entry to US, can I continue to work now?
Is it possible if I will change my passport and obtain H1B visa stamp in this new passport in my next trip to Russia that nobody will know about this illegal entry to US?
Because if I will change my passport the only way for immigration to know about this entry is through the I-94 card that they get when I entered the US, did they save this I-94 in my file?

In any case what should I do to become legal again?

Thank you
Max

[Allan Samson]

Dear Max: I see that I did not answer your question about whether you remain in H-1B status competely. It appears to me that if you reentered the US on an F-1 visa (even if an invalid F-1 visa), you may have violated your H-1B status, as well. This would further add to your problems. I would advise you about the following. Never lie to a US Government official when asked a question. But you do not have to volunteer information about questions which are not asked.