From what I understand of your situation, you are now in H4 status - that means you do not presently have H1B status. I'm not sure how many years will have passed from the time you got your H1B to the time it expires in 2010, but unless your sponsoring employer was cap-exempt you've been counted against the cap for six years following its grant, so you are likely presently eligible to obtain an H1B without being counted against this year's cap.

