URGENT HELP: Withdrawal of Reconsideration of Tier4 Dependa

Hi all please help me , My husband was student in UK from 2011 to 2013, then we got married here then my husband submitted a visa application in 2013 as Tier 4 student dependant( his visa was going to expires on 16th April 2013) , but he got refused the visa saying he got visa until 16th of April 2014. It was a mistake from home office so we went for appeal against the decision then he got reconsideration right in may 2014. by the time I took another student visa and his visa is still in progress

My question is we are trying for a tier 2 visa now for him , can we withdraw the reconsideration process and apply for another visa (Tier 2 ) within 28 days ??????????????? My solicitor advised me not to withdraw the application, he is saying that the risk of refusal is high. any advice is much appreciated Thanks in advance.

There are a few things to consider
If your husband is looking to switch to tier2 he will need a restricted COS. So if that is in hand then it is a viable option to switch. If his Sponsor has not even applied for a restricted COS then it don't even think about withdrawing the appeal.

Restricted COS - depending on the role and salary are readily available but it is not guaranteed that your husbands Sponor will get a COS.
What type of role will he be doing?

If you let the appeal run its course by the information posted it will be allowed. In the meantime your husband has all the previous rights under his last visa.
I am assume you are at a FE or HEI establishment so he will have the right to work.