I did capture time outside!!!
I was *always* on employment...on *full* pay. Did long term implementations/projects overseas. So there was NO disruption to employment. And still got extension - all of 15 months!
Of course, there was an RFE. If you can show with supporting letters etc that the work you did outside the US was *different* from the *USUAL JOB DUTIES* that you carry out while in the US, then you can build a case. For e.g., if you push code sitting at your computer in the US, but then go overseas to act as a "technical deployment architecture specialist" - that certainly can work. I am probably being a little extreme - but if the letters from your employer(s) can show that it is different - even if not a HUGE different - it can work.
As a further data point, when I got the RFE, they had quoted Memorandum CO 214-h C dated March 9, 1994 from Lawrence J. Weinig, Acting Associate Commissioner, explaining that “short work details to other countries for the United States employer do not interrupt the alien’s employment in the United States since travel is common in many industries". Now, apparently in that same letter, it is also stated that “Examples of periods of time spent outside of the United States which are interruptive of an alien’s employment in the United States include, but are not limited to, maternity leave, extended medical leave, or long term details to an employment location outside of the United States.” Pay attention to that last sentence. And get a good lawyer to turn the tables using that....if you get an RFE on these grounds. Six months is not *that* short! ;-)
Basically, good paperwork, a good case, exhaustive documentation of all periods outside the US (and do NOT include holidays and short visits - get real and ask for the substantial chunks of time) is essential.
All said and done, there is no obligation on the INS's part to give you that time back. So all the best....
