NMAC AND ASSOCIATED EVASIVE ACTION CLB CREATES AN UNAUTHORIZED PENETRATION OF AIRSPACE.

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MY COMPANY OPERATES MANY FLTS WITH CO-CAPTS. THIS FLT I WAS OCCUPYING THE R SEAT ON A SHORT VFR FLT FROM KBLM TO KTEB AFTER DROPPING OFF OUR PAXS. WITH GOOD WX AND A SHORT FLT WE DEPARTED ALLAIRE ARPT VFR INTENDING TO GET VFR ADVISORIES ENRTE. AFTER DEPARTING THE ALLAIRE TFC PATTERN; I IMMEDIATELY CONTACTED MCGUIRE AIR FORCE BASE DEP CTL (THE LAST APCH CTL FREQ USED FOR OUR IFR ARR) AND WAS TOLD TO CALL MCGUIRE ON A DIFFERENT FREQ. WE TRIED THE NEW FREQ; WERE GIVEN A TRANSPONDER CODE AND AFTER A MOMENT WERE TOLD THAT WE WOULD BE LEAVING HIS AIRSPACE SOON AND TO CALL NEW YORK APCH (NO HDOF). WE WERE CRUISING AT 3000 FT; VFR JUST S OF THE NEW YORK TCA; HOPING TO GET A CLRNC INTO THE TCA ENRTE TO KTEB. I CALLED NEW YORK APCH CTL; TOLD HIM WHERE I WAS AND WHAT I WANTED AND WAS TOLD TO STANDBY. SEEING THAT WE WERE PROBABLY NOT GOING TO GET A CLRNC THROUGH THE TCA WE DSNDED TO 1400 FT MSL (TCA 1500 FT TO 7000 FT) AND SLOWED TO LESS THAN 200 KTS. WE KNEW WE WERE PASSING UNDER AND THROUGH MANY ARR AND DEP RTES ON THIS COURSE; BUT IN THE NEW YORK AREA ALMOST ANY RTE IS CLOSE TO AN ARR OR DEP. HOWEVER; THE NIGHT SKY WAS CLR; THE VISIBILITY WAS GREAT AND OUR TCASII WAS WORKING FINE. WHILE WAITING FOR APCH TO CALL US BACK WE OBSERVED TFC AT OUR 11 O'CLOCK WITH A TCASII RANGE OF 2 MI FLYING TOWARD US. OUR TCASII SHOWED A '0' ALT DIFFERENCE AND IMMEDIATELY CALLED 'CLB; CLB.' KNOWING OUR PROX TO THE BASE OF THE TCA WE INITIALLY DECIDED TO MAINTAIN OUR ALT THINKING THE TFC WOULD PASS BEHIND US. BESIDES A R TURN WOULD HAVE IMMEDIATELY PUT US INTO THE TCA AND ALSO INTO THE MIDDLE OF THE NEWARK; NJ; ARR RTE; AND A L TURN WOULD TAKE US CLOSER TO THE ONCOMING TFC; ADDITIONALLY THERE WAS A STROBE LIGHT BELOW US; PRESUMABLY A HELI ALSO INDICATED ON OUR TCASII WITH NO ALT INFO ASSOCIATED WITH IT; AND MIXED IN WITH THE THOUSANDS OF GND LIGHTS SO OUR DEPTH PERCEPTION WAS GREATLY IMPAIRED. THE TCASII THEN COMMANDED 'INCREASE CLB' WITH THE ASSOCIATED VSI INDICATIONS. WE LOST SIGHT OF THE TFC AS IT PASSED CLOSE BEHIND US. WITH THE TARGET BEGINNING TO MERGE WITH OUR OWN ACFT ON THE TCASII WE DECIDED TO CLB SLIGHTLY TO 1600 FT OR 1700 FT. AFTER A BRIEF MOMENT AND A SIGH OF RELIEF WE DSNDED BACK DOWN BELOW THE TCA BASE. BY THIS TIME I GAVE UP WAITING FOR APCH CTL TO CALL ME BACK AND CALLED TETERBORO TWR DIRECT (WE WERE NOT LESS THAN 8 MI FROM TETERBORO). WE MADE A NORMAL VFR APCH AND LNDG; ONLY TO BE QUERIED BY THE TWR IF WE HAD BOTHERED TO CONTACT APCH CTL BEFORE CONTACTING THE TWR. UNFORTUNATELY WE WERE IN A NO WIN SITUATION. WE NORMALLY DON'T FLY VFR; BUT FLYING INTO AND OUT OF THE NEW YORK TCA IFR CAN ADD MANY; MANY; MANY MI AT LOW ALT. BOTH OF US WERE SURE WE HAD CLRED THE TFC; BUT THE TCASII; DOING IT'S JOB PROPERLY CONTINUED TO COMMAND A CLB AND TO INCREASE OUR RATE CONVINCED US ACTION WAS NECESSARY AND WE CHOSE TO CLB INTO THE CLR SKY ABOVE US. I DON'T KNOW IF THE OTHER AIRPLANE EVER SAW US; OR HOW CLOSE WE ACTUALLY GOT. BUT WITH ALL OF OUR AVAILABLE OPTIONS; I KNOW WE TOOK THE BEST CHOICE EVEN THOUGH WE DID VIOLATE THE TCA. PERHAPS THE BEST OPTION WOULD HAVE BEEN TO FLY FARTHER AROUND THE TCA TO THE W AND APCH TETERBORO ARPT FROM OVER THE OTHER ARPTS (MORRISTOWN; NJ; AND CALDWELL; NJ). BUT THERE ARE FEW GOOD OPTIONS FOR A VFR JET ACFT; EVEN FLYING AT SLOW SPDS IN THE NEWARK/NEW YORK AREA.