NRI Status under FEMA

Madam ,i properly did not understand whether Mr.A got job in USA or in USA based co in india.As much i know, a person deemed to be resident in india-where a person being resident in india for 182 days or more during the preceding year.so he shall be resident in india.Further U can seek for other replies for this querry,& if i am wrong please correct me.

He got job in USA based company and the company does not have any office in India, the comany wants Mr. A to work from India. Mr. A is required to visit the US for around one week in a month. He left India on 01.05.11 and remain only for five days there. If I look at the definition of Non resident under FEMA it says that the condition of 182 is not applicable on any person who has gone out of India or stays outside India for or on taking up employment outside India.

In this particular case if I analyse from the definition, Mr.A has gone out of India for employment on 01.05.11 although he did not continue to stay there for long time. If I see according to the definition Mr. A became NRI on 01.05.11.

Please correct if I am wrong in interpreting the definition. 

He is resident.