You need to talk to an attorney. If you entered legally, even though I-94 / visa expired, it is likely easier to process your case here.
Please see the link below
Also, to obtain a copy of your I-94 file an I-102
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 firstname.lastname@example.org Enjoy our Blog at http://immigrate2usa.blogspot.com/
Mr. Fleischer gave you good advice. Do not leave the US until you have a "green card", or at least until you have talked to an immigration attorney. If you leave the US before you obtain a "green card", you will likely be subject to a ten year bar to reentry to the US. See the link to the american Immigration Lawyers Association below for help in locating an immigration lawyer.
You would need to file form I-102.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.