Urgent help!!Tier 2 application without COS or go for appeal

[Muna7]

Hello, I need an urgent advice if someone can, please.

My situation is the following: I found a job with a company while I was on PSW, and the company applied for sponsorship licence but unfortunately the email from HO requesting for some missing documents went to spam folder and my employer wasn't able to reply them on time and their application was rejected. They submitted a new application for sponsorship licence just one day before my visa expired. Meanwhile I applied for FLR in order not to become an overstayer. My visa was rejected and I was granted with the right for appeal.
Apeal is due very soon and my employer still hasn't heard from HO regarding their application (9 months have passed already). My solicitor says that I should go for appeal. But after reading posts here I doubt very much that my appeal will be successful. I thought if I still can submit a new application for Tier 2 without licence. Can I do so now then my appeal is due? Or the best is to go for appeal?
And as well we received reply from HO regarding delay in deciding sponsorship licence. It says that there are no time limits for it and they contact us with further information in 1 month time.

Please, if anyone was in similar situation, share your experience.