I have a 401k that I have been contributing to for the past 8 years, since I came to the US on a visa from South Africa. I was given an SSN and a work permit so I used those to set up my 401k. My visa expired 2 years ago, but I continued to contribute to my 401k, as did my employer. Now, I have attempted to withdraw and the employer is not allowing me to withdraw my 401k since my SSN is now expired. What can I do to withdraw my money? During the time that I was contributing, the employer never told me that my SSN was expired and that I could not withdraw.
I suspect that access to your 401K monies is unrelated to your Social Security Number, and instead is governed by federal tax laws, retirement account regulations and the 401K plan itself. Legal analysis and action related to your 401K is not governed by immigration law. You should seek advice from an attorney whose practice focuses on claims involving retirement accounts.
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