Availing FMLA while on H1-B - Is unpaid leave worth it?

Hi,

I’m currentlly employed on H1-B(employer being a US consulting firm) working at the client location. I need to take a couple of weeks break due to personal reasons. I started working with this same employer first on a L2- EAD before my they sponsered my H1-B at the beginning of this year. So here are my questions:

  1. Can such an unpaid extended leave be taken while being on H1-B visa?

  2. I have relocation constaints and may not be able to join back at the end of the leave period unless the new project is at this same location. Is it a good idea to take FMLA while on H1-B if I’m uncertain about joining back at the end of it?

  3. Its my understanding that even for an unpaid employee there is some kind of payroll processing done. So could the ask me to repay the associated taxes if I dont join back.

  4. I have the option of switching back to my L2 status. Can I opt for FMLA and then file for COS to L2? What kind of implications could this have?

Thanks,

Anita