Tier-2 from Tier-4 with complication

[smah]

To whom it may concern

I came to UK 24th December 2009 in tier-4 general student visa in BA hons applied accounting course. My visa was valid till 31st October 2013. In the mean time I have had my level 7 PGD done in Business Management. In February 2013 my work colleague introduced me with this solicitor and I explained to him the whole journey and asked for legal advice about my immigration status. He told me you have a very clear case where you can apply for indefinite leave to remain (Saying that I want to be highly educated which I genuinely do) but he kept me in darkness about the procedure as according to him it is not a point based procedure he is going through so it will not make sense to me. But anyway I paid him his fees and asked him to start the process as according to him quicker I start better it is as the law can be changed anytime. But after I made the payment he changed colour and said as you still have visa till October 2013 we should ideally make the application just before your visa expires. Because I needed some simple solution so I can study in less cost my priority was if I can become local my study fees will be reduced so I kept the engine going but it was very frustrating for me that he was ignoring me from time to time. I provided him with all my documents including my certificates passport and payslip, bank statements, my GP letters etc. FYI: I have been suffering for Hypertension from 2011 and then diagnosed with constant chest pain last year. Now at the end my solicitor changed the case and applied for ILR on the basis of my illness. Now I did not have a choice but to accept because he did not tell me that he is applying that way and told me that he is applying for settlement. After I have done my biometrics I have received a letter from UKBA asking me for more documents that supports my illness and explains how bad is my heath etc. because my application was for ILR on the basis of my illness. So when I found out that and contacted Him he was not concerned at all and I had to be firm with him and he was leaving everything on me. So I went to my GP and asked for the letter saying everything genuine as my illnesses are not to ignore but they took some time more than the time frame given by UKBA so with advice from my solicitor I send them a letter asking for extension of time to gather the information required and my solicitor told me that lets wait for UKBA response and He will in between try to make the case strong for me but he did not. In the meantime I have received my GP letter but was waiting for UKBA response as told by my solicitor. After discussing it with some elders who have got knowledge about this thing they suggested that I should not wait any more and send them the documents and I did so but by the time it reached them they already made the decision on the basis of the documents that they have and refused me. I have been given the right to appeal by 2nd April 2014.So I made an appeal. Appeal was dismissed and now have requested for a review to the Upper tribunal. So all of them were done well in time and according to the Home office I can switch to any categories.
I know its a long story but i am trying to draw a clear view for you guys so that i can have the best advise.

Now i have been for a interview this week and the company is happy to sponsor me with tier-2 License.But we are not sure about a few things such as:
1.Does the company have to do a Labour market test in my status?
2.Can i make an application in line with my previous condition?
3.Overall what would be the best approach?
Thank you in advance