OOC H1B visa wrongly filed under regular cap

My employer has wrongly filed me under the regular cap wherein i should have been filed under the out of cap category for H1B visa as i have already worked on H1B visa in the US for 2 years from 2006-2009, is there a way to get it changed by writing to the USCIS if i get picked in the lottery and request them to convert my application to out of cap or is there any amendment which helps me do that? I have a need to travel much sooner whereas a new H1 will enable me to travel only after 1st Oct.

eagerly waiting for your response.

Ask your employer to withdraw your new H1 petition and apply another cap exempt.

Please read my post and vote: http://redbus2us.com/qa/9659/please-vote-for-this-petition