Urgent help required please

[Shunty]

Hi
I have applied my tier2 general visa on 21 sep via standard postal service and got refusal letter on 15 nov 2016 and my current visa got expired on 15 nov 2016 . The reason of refusal was that my employer didn't exclude the break hours and he mentioned 42.5 hours for £23,500 . Because the hr department is new to this process and they have done this mistake in the previous COS .
As I have already spoken to my employer and he will issue me a new COS in next week .
So my questions are :-
1. Is it okey if we mention 37.5 hours for £23500 ,or we have to mention 39 hours .
Since my documents are with home office only because they have given me 14 days to appeal for administrative error . But in my case , I don't want to go for it coz it was the error from our side not Ukvi
2. Am I still eligible for resident labor market test since I am on my grace period of 28 days .
3. Can we still take the premium service for the fresh application since my doucuemts are with the home office only.
4. Shall I ask home office to send my documents back or shall I book premium appointment and ask them to send my doucumets to the selected branch . Coz I believe they can transfer the documents internally .

It would be great if you could access me with the above questions .
Reply is appreciated .
Thanks a ton.

[eduleal]

My view is that you really shouldn't play around with the hours like that when they can raise your salary by a few dozen pounds a month and be on the safe side.

The employer has to make sure the salary is high enough, when in doubt go for the higher option.
If anything, this gives YOU leverage to negotiate a higher salary. Don't entertain that discussion.
More fundamentaly, a Tier 2 visa is for skilled workers that were the only ones suitable for a certain position - NOT for UK companies to hire cheap labour.

If the difference is a mere £500-1000 a year (less than 100 pounds per month), it's a travesty that they would have you doing less hours than everyone else just to meet the minimum.