There are hundreds of home screen implementations, both pre-installed and ones installable via the Play Store. Each is welcome to either:
- ignore your
Intent
entirely, by simply not having an<intent-filter>
for it, or - put the shortcut wherever it wants
On Android 4.0.4 the shortcut is created in the right place.
No, it is put in "the right place" in both cases, as it is the authors of the home screen -- not you -- who determines what "the right place" is.