tier 2 visa refusal->appeal->fresh application form

[yjtt]

Hi all..
I noticed there are many cases like I have now and still no clear answer..

Visa - PSW
Visa expired -19/march
Refusal letter receive -22/march
appeal against -31/march

this is my situation. currently appeal is pending regarding salary doesn't match 1152 in COP . My employer put 40 hours for 20400 in COS and my lawyer didn't catch 40 hours instead of 35 hours. Refusal letter said rule is that my employer should have put 22800 for 37.5 hours base.

Now my lawyer recommended me to appeal against and once COS reissued i withdraw appeal and make a fresh application form.
But I just heard I can not work once I withdraw appeal till I receive outcome of fresh application form.

I currently stay in UK 8 1/2 years and want to extend my visa in country to make 10 years. Is there any way to do or any experience?

Thanks a lot