old h1b visa expired in 2009, am i subject to cap

[h12345]

Hi All

I came to India in August 2011 for stamping. I could not get visa. My old visa expired in 2009.

1. If I get a project through another employer, can they sponsor my h1b now or do they need to wait till April 2012 as quota is already over?

2. I hope I am not subject to cap even though my old visa expired in 2009?

Request you to please help in this regards.

Thanks