H4 - H1 Change of status issue


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I came US with H4 at feb 2006. Got my H1 at Oct 2007 to Sep 2010. But I couldnt find a job when I was in H1, so my employer dint run even a single payroll. I dint officially apply for H4. Then I went back to India and got my H4 stamping at oct 2008. Now I want to convert again to H1. My questions are:

1. Since my H1 has already expired, Can I apply Change of status now or should I go through the cap again? I read in USCIS site that one person can apply H1 only once through cap. Does that mean I can never change my status to H1 again?

2. I read that my employer should pay me in H1 until I file H4. Will this create a problem if I apply Change of Status again?

Please help me.



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