Parent's point was about lay-offs, not firings. I'm very comfortable with their suggestion. Make the company be explicit. If it's a firing ("they are underperfo

Parent's point was about lay-offs, not firings. I'm very comfortable with their suggestion. Make the company be explicit. If it's a firing ("they are underperforming") then sure, that doesn't affect H1B eligibility, but you have to actually fire them. If it is a layoff ("we don't need those jobs") then why are you turning around and hiring for them immediately afterwards?