can i apply for H1 visa

What do you mean you hold a spouse visa? Are you in the U.S. on a K-3? Please define your present immigration status so that the attorneys on this board can better assist you with your questions.

I would agree with the previous answer that we need a better sense of your current status to properly advise you. In fact, to properly advise you, an attorney needs to review all of the facts surrounding your situation - so I strongly recommend that you make an appointment to speak to an attorney directly.

I will suggest one thing to you: if you are otherwise eligible for an H-1B visa, have a qualifying job offer, and are Australian, you are probably eligible for an E-3 visa - very much like the H-1B but only available to Australians and not subject to the same problems regarding annual cap and timing of start date (there is a numerical limitation on E-3s, but it has never been reached so there has not yet been a problem in obtaining one or having to file in early April/start work on October 1). Something else you should speak with an attorney about.