New Application when Appeal is made :: Work Permit [FLR]

Hi,

I've been on Work permit for 3 yrs. Since my visa has expired on March 07- I don't want to hold the passport and I simply applied an FLR for an extension with my employer. On my completion of WP a new employer(Employer 1) applied for WP

My FLR application has been rejected since my work permit application has got rejected - applied by Employer 1. During the process time Employer 2 has applied another Work Permit and was successful.
My solicitor has advised me to appeal against the rejection and is been done by sending the successful copy of the WP.
Mean while can I apply for a fresh application for FLR based on Work Permit
of Employer 2?

Thank you