Tricky question - H1 visa expiring

[bentheman]

My H1 visa for 6 years is expiring and my employer has not filed any green card paperwork so I cannot extend it for the 7th year.

I know that if I stay out of US for 365 days then I will get a fresh 6 years of H1. My question is during those 6 years, can I visit the US on a visitor visa for 1-2 weeks without hampering the 365 days rule?

Thanks

[jigzy]

no

According to my friend's lawyer who was working on the visa and gc processing, if you go to the US for vacation, that wouldn't count. So the way I see it, it is 365 days of not working in the US as oppose to 365 out of the country.