tesetd this it works! Just didnt bother to do a scruipt out of it.
make a nurbs circle ajust its creaton parameters so its in the orientation you need the default capsule to start at. offset it by 0.5 upwards using its center attribute!
Make a new shape pipe the same create to thet shape make the tarsform negative on one axis.
make a linear curve that snaps to both circles endpoints. attach them (you may wish to delete the extra sshape thets created between attach 1 and 2 in hypershade). revoleve this curve.
Now 1/capsule.scale withe a multiply divide node the scale to your full curve.connect scale AND to the linear segments scatle (the firts thpet os counterscale by the way). connect scale y multiplied by 0.5 to the center y of your protocircle reator, scale x to its radius.
then connect scale x to scale y lock scale y and hide it for the view.
If you have succeded right, or i have succeded in telling the right sequence of affairs. you now have a capsule that retains behaves well to scale and your doing it all you just wished.
With NO scriptjobs or anything esle thats nasty.
MArk shaoes intermediate and hide the extra transforms somewhere handy.
But yeh the extrude thing can also be counterscaled to suit the need i didnt realy sit and thinkof the real need, but the longer way i described can now adjust the amount of segments as needed. Wich was what i needed 
But yeah the extrude works just as long as you dont change spans.