Applying to Tier 2 after losing Appel to Tier 1

I came to the UK on the HSMP with expiry date September 2009. To extend my visa, I could not qualify as my earnings were not enough. I contacted a Solicitor in March 2009 who told me to start a company and claim that additional earnings. I was still not able to qualify as the earnings were still not enough. The solicitor advised me to still apply under the HSMP programme although I did meet the 75 points requirement.

My visa was refused in October 2009, the solicitor advised me to appeal the decision based on the economic conditions, which i did. I went to the appeal in December 2009 and lost. I contacted another solicitor who told me my other option was Tier 2, that I should ask my employer to give me a Certificate of Sponsorship.

My employer decided to advertise the position again, with the hope that if I reapply I will be selected and pass the Labour Market Test. The interview is sometimes next week, I am not sure if they will still refuse my visa.

Has anyone has this experience? Please let me know.

Are in UK still? If your visa expired in sep 09 n lost appeal in dec 09.. you should have left the country and try the Tier2 processing if not u need to face new problem of overstaying...

Goodluck with ur Tier2 visa