i was temporarily terminated until my H1B was approved and was re-hired for the same position.  Quite contrast to what Nyshangal said, i agree with biology because when you are not in OPT and you are not yet an H1B holder how can you be on payroll?? on what status??  my lawyer said, i can stay in US legally until my case is pending, but can't be on payroll.... and started working as soon as it was approved.