You can claim refund for the amount in 1098t if you are eligible to file 1040. As far as I know you have to file 1040NR for first 5 calendar years. Only after that you can file 1040. I know people file 1040 instead of 1040NR and don't get caught. Although there is very little chance to be audited, if you are audited then you might be in trouble. So it is your choice.