Anyone having bachelor degree can apply H1 visa if quota available.If her employer ready to file h1 visa then she can apply h1b visa no matter whatever current legal immegration staus.But if it is like current situation for H1B application then it will be aslo lucky draw next year too.So, your wife can apply for H1B visa next year.One more thing, if your wife could get jon on non-profit organization, then she can apply H1B visa anytime.No H1B cap applicable for non-profit organization, they can apply any time.