urgent help pls seniors..

[Mike21]

Hi I applied tier 1 entrepreneur in 2012 my visa refused for minor reason I appealed against the decision in april2013 I won my ftt in 2014 .home office went upper tirubunal my case dismissed in July 2014.now my case in court of appeal paper hearing decision adjourned...
My question
1.Now I got offer from tier2 sponsor am I able to change my category to tier 2 visa
2.i haven't maintain fund?
3.do I need to with draw my appeal before I apply?
Senior advice me 3 years struggled a lot