H1B for healthcare professional - when can an H1b be applied ?

[Immigo]

Hi,

My wife will be graduating from a US dental school after completing DDS in May. Subsequently, she would apply for license and will perhaps get it by June, 2014. Can an employer apply for H1B on April 1, 2014 considering that she will have a start date of October 1, 2014 for H1B.

Based on http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/health_care_occupations_20may09.pdf (section Guidance for Petitions in Which the Beneficiary Is Not in Possession of a License), it appears we may need to wait till June 2014 to apply for H1B. Unfortunately, I believe all cap-subject H1Bs (including 20k for US graduates) for 2014-2015 will be gone by then.

Please advise what's the best option.

Note - the licensure requirements are there for healthcare professions/Lawyers, Nurses etc

[srimurthy]

Is she not going to have a OPT / CPT to help as its a STEM subject and any masters should be able to work for some time after completion?

[Immigo]

While we have applied for OPT, we would prefer the H1B because of the normal travel issues on OPT (not advisable). It is already 2.5 yrs since she visited India. Staying on OPT would imply another 1.5 years like that (till September / October 2015!). Any inputs will be much appreciated.