You can petition her as an LPR, but she is not entitled to a visa immdiately as she woudl be if you were a U.S. Citizen. If she is here on the H-1B, might as well just wait untill you are a U.S. Citizen and then petition for her. At that time she will be able to get apply for her greencard at the same time that you petition for her, which is not the case when you are ony an LPR.
Andre Olivie, Esq.
I agree that under these facts, it will probably be best to become a citizen, then file a one-stop I-130/I-485 adjustment of status packet with USCIS. It currently takes about 4-6 months after filing an N-400 naturalization application to be interviewed, sometimes less. Once the applicant is sworn in as a citizen, his wife can apply for lawful permanent resident status. It is important to review all the requirements for naturalization and admission as a resident before filing anything with USCIS.
Scott D. Pollock
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